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Governmental Uses of Alternative Dispute Resolution

NCJ Number
Current Municipal Problems Volume: 14 Issue: 4 Dated: (1988) Pages: 408-415
C Puo
Date Published
8 pages
This article reviews the limited use of alternative dispute resolution (ADR) techniques by Government agencies and recommends ways to encourage creative use of such methods.
First discussed are impediments to ADR by government agencies that seldom trouble private parties, such as mandated public access, procedural restrictions, budget limits, and judicial review. Opportunities for ADR are detailed, including tort claims against the Government, performance of procurement contracts, and adjudicative proceedings for determining a regulated party's rights or liabilities. Particular attention is given to agency procedures for adopting rules or other policy statements intended to interpret or further regulate programs established by Congress, such as the Environmental Protection Agency, the Federal Aviation Administration, and the Occupational Safety and Health Administration. Benefits of ADR for Government agencies, as well as strategies to promote its use are discussed.