94-14923. Policy Statement on Alternative Dispute Resolution Within OPM

[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14923]


[[Page Unknown]]

[Federal Register: June 21, 1994]


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OFFICE OF PERSONNEL MANAGEMENT
 

Policy Statement on Alternative Dispute Resolution Within OPM

    The Administrative Dispute Resolution Act, Public Law 101-552, 
encourages Federal agencies to use alternative dispute resolution (ADR) 
methods whenever possible. ADR proceedings offer constructive 
approaches for resolving disputes, while avoiding the expense and delay 
of formal adversarial and judicial proceedings. ADR methods encompass a 
range of approaches, including mediation, minitrials, fact finding, and 
arbitration, among others. OPM is committed to the concepts of 
cooperative, interest-based problem solving, which are basic to ADR 
approaches.
    OPM officials should examine those areas in which disputes 
routinely arise as a result of ongoing OPM program and administrative 
activities. OPM organizations should then select and tailor ADR 
approaches to these specific functional and program areas. The type, 
nature, and number of disputes will influence the selection and 
implementation of an ADR process suitable for that particular 
organizational setting. The Associate Director for Administration has 
been designated as the Agency Dispute Resolution (ADR) Specialist. The 
Agency Dispute Resolution Specialist can provide information on 
resources and training to assist offices to design and implement an ADR 
process for their particular category of disputes.
    ADR approaches are not meant to supersede collective bargaining 
agreements or other statutory, regulatory, or contractual dispute 
resolution procedures. ADR processes are intended to supplement rather 
than replace existing formal procedures. Participation in an ADR 
process is voluntary for all parties to a dispute including OPM and a 
decision to use ADR calls for informed judgement. ADR methods are not 
suitable for all types of disputes and may not be appropriate in those 
cases where:
     A precedent-setting decision is needed,
     An important policy question is involved,
     The decision would have a significant effect on non-
parties to the dispute, or
     A full public record of the proceeding is important.
    Absent these conditions, it should be presumed to be in OPM's best 
interest to participate in an ADR process if other parties to the 
dispute also agree. Senior officials should review non-participation 
decisions to assure that appropriate reasons exist to offset the 
expected benefits and cost savings which accrue to the Agency through 
participation.
    Consensual methods of dispute resolution represent a new and 
effective approach to conflict management. ADR approaches also promote 
communication and understanding between the disputants by emphasizing 
the common interest all parties have in a fair, speedy and cost 
effective solution. By avoiding the time and cost associated with 
formal adversarial proceedings, ADR allows OPM to redirect and focus 
more resources on productive activities.

Office of Personnel Management.
James B. King,
Director.
[FR Doc. 94-14923 Filed 6-20-94; 8:45 am]
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