Administrative Dispute Resolution Act

Summary

Administrative Dispute Resolution Act - Requires each Federal agency which administers an administrative program to adopt policies that address the use of the full range of alternative means of dispute resolution and case management in such administrative program. Directs the head of each such agency to designate a senior official to be the dispute resolution specialist to implement the provisions of this Act and agency policy. Requires each such agency to provide training for the dispute resolution specialist and other employees involved in implementing agency policies. Declares that such training may encompass theory and practice of negotiation, mediation, arbitration, or related techniques. Requires each such agency to determine whether to amend each standard contract, grant, and other assistance agreements to authorize and encourage use of alternative means of dispute resolution. Requires each agency to determine whether to revise its future standard grant agreements to permit and encourage its grantees to use such means. Requires the Federal Acquisition Regulation to be amended, as necessary, to carry out this Act. Authorizes the use of alternative means of dispute resolution in administrative hearings. Declares that each agency may use a dispute resolution proceeding if the parties agree. Authorizes the use of a neutral in such proceedings to serve as a conciliator, facilitator, or mediator at the will of the parties. Sets forth confidentiality provisions for dispute resolution proceedings. Authorizes the use of Federal arbitration as an alternative means of dispute resolution, if all concerned parties consent, either before or after an issue in controversy has arisen. Sets forth provisions with respect to the authority of the arbitrator. Requires arbitration awards to include a brief, informal discussion of the factual and legal basis. Declares that formal findings of fact or conclusions of law are not required. Makes the award final and binding on the parties to the matter and subject to judicial review. Authorizes an agency to use the services of employees of other agencies as neutrals. Authorizes the Administrative Conference of the United States to establish standards for neutrals, maintain a roster of individuals who can act as neutrals, enter into contracts for their services, and develop procedures to obtain their services on an expedited basis. Directs the Chairman of the Conference to compile and maintain data on the use of alternative means of dispute resolution in conducting agency proceedings. Authorizes agencies to use the services and facilities of other agencies with their consent for dispute resolution proceedings. Provides for judicial review of arbitration awards where the consent of the agency to use arbitration to resolve the issue in controversy was a gross abuse of discretion. Amends the Contract Disputes Act of 1978 to direct the contracting officer to make all reasonable efforts to resolve a claim or dispute consensually, before making a decision under such Act. Authorizes the use of alternative means of dispute resolution or other mutually agreeable procedures including binding arbitration for resolving claims, that do not exceed $250,000. Terminates such authorization on October 1, 1995. Increases the amount in dispute for accelerated appeal decisions. Provides for judicial review of arbitral awards. Amends the Labor Management Relations Act to authorize the Federal Mediation and Conciliation Service to make services available to Federal agencies to aid in the resolution of disputes under this Act. Authorizes each Federal agency to use arbitration or other alternative means of dispute resolution to settle any tort claim against the United States not in excess of the amount of a claim the agency may compromise or settle without the Attorney General's prior approval. Increases the amount of a Government claim that may be compromised by an agency. Sets forth criteria for the use of non-attorneys as representatives of parties to any dispute. Terminates the authority of agencies to engage in dispute resolution proceedings under this Act on October 1, 1995. Declares that such authority will continue in effect with respect to pending proceedings which require continuation.

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Documents

10 official files

• Reported in House (text)

  Reported in House · EN

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• Referred in Senate (text)

  Referred in Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Enrolled Bill (text)

  Enrolled Bill · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

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• Committee Discharged Senate (text)

  Committee Discharged Senate · EN

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• Public Law (PDF)

  Public Law · EN · 16 November 1990

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• Passed House amended

  summary · EN · 5 June 1990

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• Introduced in House

  summary · EN · 25 May 1989

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