To authorize and encourage Federal agencies to use mediation, conciliation, arbitration, and other techniques for the prompt and informal resolution of disputes, and for other purposes.
Administrative Dispute Resolution Act - Requires each Federal agency which administers an administrative program and intends to use alternative means of dispute resolution with respect to such program to adopt policies that address the use of the full range of alternative means of dispute resolution and case management.
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 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 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 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 for the award. 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. Grants authority to agency heads to terminate the arbitration proceeding or vacate the award before it becomes final. Prohibits an award that is vacated from being admissible in any proceeding relating to the issues in controversy with respect to which the award was made. Requires an agency whose head has vacated any award in an arbitration proceeding to award attorney fees and other expenses incurred in such proceeding to all parties other than the United States unless special circumstances make an award of expenses unjust.
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, develop a standard contract to obtain their services in dispute resolution proceedings, 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.
Authorizes a U.S. district court, upon application by a person who is not a party to the arbitration, to vacate an award if the use of arbitration or the award is clearly inconsistent with factors set forth by this Act.
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 for resolving claims. Applies the provisions of this Act to such alternative means of dispute resolution. 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.
Indefinitely postponed by Senate by Unanimous Consent.
Senate vitiated previous passage.
Measure laid before Senate by unanimous consent.
Amendment SP 3169 proposed by Senator Exon for Senator Levin.
Amendment SP 3169 agreed to in Senate by Voice Vote.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Mr. Glickman moved that the House suspend the rules and agree to the Senate amendment.
Mr. James demanded a second on the motion to suspend the rules. Without objection a second was ordered.
DEBATE - The House proceeded with forty minutes of debate.
Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to by voice vote.
On motion that the House agree to the Senate amendment Agreed to by voice vote.
Enacted as Public Law 101-552
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Motion to reconsider laid on the table Agreed to without objection.
Measure Signed in Senate.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 101-552.
Became Public Law No: 101-552.