Federal Register: August 16, 2000, Volume 65, Number 159, Page 50005-50014.

UNITED STATES DEPARTMENT OF JUSTICE

Core Principles for Federal Non-Binding Workplace ADR Programs; Developing Guidance for Binding Arbitration -- A Handbook for Federal Agencies

AGENCY: Department of Justice/Federal Alternative Dispute Resolution Council

ACTION: Notice

SUMMARY: This notice contains two documents to assist Federal agencies in developing alternative dispute resolution (ADR) programs: “Core Principles for Non-Binding Workplace ADR Programs” and “Developing Guidance for Binding Arbitration – A Handbook for Federal Agencies.” These documents were created by the Federal ADR Council, a group of high level government agency officials chaired by the Attorney General. The documents are based on the combined expertise of ADR specialists in federal agencies with active ADR programs. The first document describes ten key elements that are essential in any fair and effective ADR program. The second document provides information and assistance for agencies on the use of binding arbitration.

FOR FURTHER INFORMATION CONTACT:

Peter R. Steenland and Jeffrey M. Senger, Office of Dispute Resolution, United States Department of Justice, Room 5240, Washington, D.C. 20530. (202) 616-9471.

Dated: September 12, 2000

_________________________

Jeffrey M. Senger

Deputy Senior Counsel for Dispute Resolution

United States Department of Justice

Federal Register Introduction

The Administrative Dispute Resolution Act of 1996 (ADRA), 5 U.S.C. §§ 571-584, requires that each Federal agency take steps to promote the use of ADR and calls for the establishment of an interagency committee to facilitate and encourage agency use of ADR. As the Presidentially appointed chair of this interagency committee, the Attorney General created the Federal ADR Council, an organization composed of high level officials from various agencies with ADR expertise. The Council’s mission is to develop policy guidance on crosscutting issues that involve the creation and operation of Federal ADR programs. The first two documents from the Council are published below.

The first document is entitled “Core Principles for Non-Binding Workplace ADR Programs.” We believe that any fair and effective program must address the following issues: confidentiality, neutrality, preservation of rights, self-determination, voluntariness, representation, timing, coordination, quality, and ethics. This document briefly describes the nature of each of these principles.

The second document is called “Developing Guidance for Binding Arbitration – A Handbook for Federal Agencies” which provides information and assistance for agencies that are considering the use of binding arbitration. Federal government experience with binding arbitration is limited because it was not explicitly authorized until recently, with the passage of the ADRA. Because participants in binding arbitration must give up various rights and remedies, including the right to appeal, many agencies prefer more consensual forms of ADR, such as mediation. Nonetheless, circumstances may exist where an agency may wish to employ binding arbitration, such as when the need for prompt resolution of a matter is paramount. The ADRA requires that an agency considering binding arbitration develop a policy on its use, in consultation with the Department of Justice. The attached Handbook assists agencies in developing this policy as well as in using arbitration.

Nothing in these guidance documents shall be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity, by a party against the United States, its agencies, its officers or any other person.

Jeffrey M. Senger

Deputy Senior Counsel for ADR, U.S. Department of Justice

The Federal ADR Council

Chair: Janet Reno, Attorney General, Department of Justice

Vice Chair:Erica Cooper, Deputy General Counsel, Federal Deposit Insurance Corporation

Members: Leigh A. Bradley, General Counsel, Department of Veterans Affairs; Meyer Eisenberg, Deputy General Counsel, Securities and Exchange Commission; Mary Anne Gibbons, General Counsel, U.S. Postal Service; Gary S. Guzy, General Counsel, Environmental Protection Agency; Jeh C. Johnson, General Counsel, Department of the Air Force; Harold Kwalwasser, Deputy General Counsel, Department of Defense; Nancy McFadden, General Counsel, Department of Transportation; Janet S. Potts, Counsel to the Secretary, Department of Agriculture; Harriett S. Rabb, General Counsel, Department of Health and Human Services; Henry L. Solano, Solicitor, Department of Labor; John Sparks, Principal Deputy General Counsel, Department of the Navy; Peter R. Steenland, Jr., Senior Counsel for Dispute Resolution, U.S. Department of Justice; Mary Ann Sullivan, General Counsel, Department of Energy; Robert Ward, Dispute Resolution Specialist, Environmental Protection Agency.