ADR Technique: Multiple Techniques

How the ADR System Works
Under the agency's decentralized ADR program, each Bureau is required to develop and implement an ADR plan; to designate a senior official as a dispute resolution specialist; to establish training programs on ADR methods; to review standard language in contracts, grants, and other agreements for inclusion of ADR provisions; and to adopt a formal ADR policy on: formal and informal adjudications, rulemakings, enforcement actions, issuing and revoking licenses and permits, contract administration, litigation brought by or against the agency, and other agency action. The ADR policy encourages the use of ADR techniques and negotiated rulemaking to the fullest extent practicable. A comprehensive ADR program was developed and implemented by the Equal Employment Opportunity Office to respond to allegations of discrimination. Each Bureau is encouraged to use ADR to avoid workplace conflict, and to facilitate faster resolution of other nternal workplace disputes. The Secretary of the Interior designated the Director of the Office of Hearings and Appeals to serve as the Dispute Resolution Specialist (DRS) to facilitate intra-agency coordination, communication, and training; to establish minimum qualifications for mediators, arbitrators, and agency employees with ADR responsibilities; to monitor and report to the Secretary of the Interior on implementation and effectiveness of all agency ADR plans; and to disseminate knowledge about ADR.

Background/Objective
The ADR policy was adopted to reduce the time, cost, inefficiencies, and contentiousness associated with litigation and other adversarial dispute resolution mechanisms. It encourages the use of ADR techniques by the Bureaus to achieve mutually acceptable solutions to disputes, to foster the cooperative development of regulations, and to avoid conflicts and disputes whenever possible. Each Bureau was allowed discretion, however, to tailor its ADR plan and policy to meet its own needs and circumstances.

Duration/Current Activity
The DRS is in the process of evaluating and reporting to the Secretary of the Interior on the Bureaus' experiences and progress in implementing their respective ADR plans since implementation of the agency's final ADR policy in August 1996. The Bureaus are reporting extensive ADR training efforts, and successful use of a variety of ADR techniques, including mediation, partnering, negotiated rulemaking, cooperative problem-solving, and interest-based problem solving. The agency continues to advocate for greater use of ADR techniques by the Bureaus whenever practicable, while allowing decentralized decision-making.

Rules Governing the Activity
The agency published its interim ADR policy on June 13, 1994, 59 Fed. Reg. 30368, and its final ADR Policy on August 2, 1996, 61 Fed. Reg. 40424. There are several internal ADR program issuances and directives.

Contact
Robert L. Baum, Director, Office of Hearings and Appeals, 4015 Wilson Boulevard, 11th Floor, Arlington, VA 22203; Telephone: (703) 235-3810; FAX: (703) 235-9014; Email: robert_baum@Ios.doi.gov.

ADR Technique: Multiple Techniques

How the ADR System Works
The CORE (COnflict REsolution) Program was established for the Department of the Interior and with the flexibility to allow each bureau and office to develop implementing procedures based on specific capabilities and local needs. The CORE Program focuses on: (a) maximizing the use of ADR methods; (b) improving personal communications between parties involved in workplace disputes; (c) preserve relationships between employees and supervisors using interest-based focus; and, (d) allowing employees and management to address specific workplace concerns for positive organizational change. The CORE Program does not provide any extension of time frames in which to seek redress under formal administrative processes, with the exception of allowing an additional 15 days to file a formal administrative grievance after receipt of a Notice of Results and Options when resolution was not reached. CORE services are normally provided within 15 days, and possible extensions. All employees (non-supervisory, supervisory, managerial, and senior executives) are free to use this procedure without restraint, interference, coercion, discrimination, or reprisal of any kind. In order for bargaining unit employees to have access to the CORE Program, there must be specific authorization in the collective bargaining agreement or in an MOU. Bureau Directors ensure that management participates in ADR when requested by a party bringing an issue or concern to the CORE Program. If an employee's supervisor is directly involved in the concern and does not voluntarily participate, the participation of another manager, preferably in the employee's supervisory chain of command, is required.

Background/Objective
The Department has the goal of reducing workplace conflict among employees and between employees and employer. The CORE Program was developed as an early intervention alternative to other established resolution dispute processes. The major tenet of the CORE Program is to provide fair, equitable and effective means for resolving workplace disputes at the lowest organizational level, by: (1) providing information to address specific workplace issues or concerns, and (2) provide neutral dispute resolution assistance.

Duration/Current Activity
Use of ADR to resolve workplace disputes through CORE services has shown steady increase throughout the Department since implementation of the CORE Program.

Rules Governing the Activity
Administrative Dispute Resolution Act of 1996, P.L. 104-320; 5 U.S.C. Section 571-584. Department of Interior Departmental Manual 370 DM 770, effective date: 3/17/00.

Contact
Sarah Rogers, CORE Program Coordinator, 1849 C Street, NW, MS 5221, Washington, DC 20240; telephone 202-219-0813; fax 202-482-3179.