ADR Techniques at the ODRA

Appendix A to the ODRA’s Procedural Regulation (14 CFR pt. 17) provides the following description of the most common techniques used at the ODRA:

(1) Mediation.  The neutral or compensated neutral ascertains the needs and interests of both parties and facilitates discussions between or among the parties and an amicable resolution of their differences, seeking approaches to bridge the gaps between the parties” respective positions.  The neutral or compensated neutral can meet with the parties separately, conduct joint meetings with the parties” representatives, or employ both methods in appropriate cases.

(2) Neutral Evaluation.  At any stage during the ADR process, as the parties may agree, the neutral or compensated neutral will provide a candid assessment and opinion of the strengths and weaknesses of the parties” positions as to the facts and law, so as to facilitate further discussion and resolution.

(3) Binding Arbitration.  The ODRA, after consultation with the U.S. Department of Justice in accordance with the provisions of the Administrative Disputes Resolution Act, offers true binding arbitration in cases within its jurisdiction.  The ODRA’s Guidance for the Use of Binding Arbitration may be found on its website at

14 CFR pt. 17, app. A, para. B.