Alternative Dispute Resolution in Agency Administrative Programs

This project studied how federal agencies use and might better use different types of alternative dispute resolution (ADR)—including conciliation, facilitation, factfinding, minitrials, arbitration, the use of ombuds, and mediation—to resolve matters related to their core statutory authorities. It also addressed the use of ADR to resolve disputes before the initiation of a formal agency adjudicative proceeding or federal court case involving the agency’s enforcement authority. The project considered topics such as the selection and implementation of the appropriate type of ADR and associated procedures; the qualifications, selection, and training of agency ADR personnel; ethics and confidentiality requirements for agency ADR personnel; ADR case management practices; and interagency mechanisms to facilitate ADR and support agency ADR personnel.