ADR is a voluntary program that allows the parties to resolve a whistleblower retaliation complaint outside of the investigative process. The parties attempt to negotiate a settlement with the help of a confidential VOSH OWP mediator who is not involved in the investigation of the complaint.

ADR allows the parties to reach a certain and final resolution of the complaint on their own terms rather than through the whistleblower investigative process. Successful ADR processes avoid potentially time-consuming, resource-intensive investigations and appeals to achieve prompt resolution of complaints. ADR may also allow the parties to repair the relationship or part ways on a professional basis.

Yes. Communications during ADR are kept confidential to the extent permitted by law, and are not disclosed to anyone without the mutual consent of the parties except that the confidential VOSH ADR Coordinator may share ADR communications with Department of Labor and Industry (DOLI) officials when it is necessary for administrative and supervisory purposes, or to seek legal or policy guidance on novel or complex questions that arise during the ADR proceeding.

However, the confidential VOSH OWP facilitator will not share ADR communications with any DOLI official who will be involved in any further investigations or proceedings related to the whistleblower complaint if a settlement is not reached through ADR.

If the complaint is not resolved during ADR, the materials developed in ADR remain confidential and neither party may share any information disclosed by the other party during ADR with the assigned Investigator. The involved parties may share any of their own communications made during the ADR proceeding with the VOSH Investigator.  However, such communications will be subject to release to the other party, as the OWP investigation, with limited exceptions, in an open process between the parties.

All ADR case files are maintained electronically in a separate file system with access only available to the select DOLI personnel.

When a complaint is accepted into the ADR process, the investigation will be put on hold pending the outcome of the process.

Not necessarily. In most cases an investigation does not begin immediately whether or not the parties pursue ADR.

If you would like to pursue ADR, please complete the Request for ADR form and return to the assigned Investigator identified in the Notification letter within the time period referenced in the Notification letter to facilitate case processing.  Requests made after 10 days will still be processed for possible approval.

There is no charge to participate in VOSH OWP’s ADR Program.

ADR is voluntary. All parties must agree to participate. If either party does not wish to participate, we will proceed with an investigation.