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Federal Employees: You be the Judge


Get real-life reviews of key court cases involving federal employees. Share your opinion on the outcomes of these cases, or participate in other discussions about workplace issues that may impact your job.

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Fedfox  
#1 Posted : Tuesday, April 2, 2019 6:54:55 PM(UTC)
Fedfox

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Is judge ordered ADR triggered by specific factors or a request by one of the parties? If there are specific elements, what are they?
DroneBee  
#2 Posted : Saturday, May 4, 2019 2:25:56 AM(UTC)

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I'm surprised you didn't receive a response on Fed Soup yet. That said, this ADR may have already occurred. It is a normal occurrence - the AJ will do anything to get this off his/her docket - if you will agree to early retirement/leave the org, little money, etc., and in return your record will be "cleaned" then the AJ doesn't care. Remember, the AJ is GS employee hired to decide cases. The AJ is not an ALJ or appointed - the AJ is just hired off an announcement. The best advice is to get another job before you are fired. God Bless.
frankgonzalez  
#3 Posted : Monday, May 6, 2019 5:00:46 AM(UTC)
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Originally Posted by: Fedfox Go to Quoted Post
Is judge ordered ADR triggered by specific factors or a request by one of the parties? If there are specific elements, what are they?
Typically, the AJ reviews the case and determines it is one that is suitable for ADR (typically this means that it hasn't been tried earlier in the process) and both parties have stated at some point they are amenable to ADR. This doesn't mean it will be resolved in ADR...but it is sometimes a message to the agency they may get a better deal resolving it in ADR than going through the hearing. But not always...so unless your case is very solid, go to the ADR with the understanding if it goes to impasse, you will be back in front of the AJ.


You should have voted Cthulu...the greatest of all Evils
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