Page:United States Statutes at Large Volume 104 Part 4.djvu/420

 104 STAT. 2736 PUBLIC LAW 101-552—NOV. 15, 1990 Public Law 101-552 101st Congress An Act Nov 15 1990 '^^ authorize and encourage Federal agencies to use mediation, conciliation, arbitration, and other techniques for the prompt and informal resolution of disputes, and [H.R. 2497] f^j. ^^.jjgj. purposes. Be it enacted by the Senate and House of Representatives of the Administrative United States of America in Congress assembled. Dispute Resolution Act. SECTION 1. SHORT TITLE. 5 USC 581 note. This Act may be cited as the "Administrative Dispute Resolution Act". 5 USC 581 note. SEC. 2. FINDINGS. The Congress finds that— (1) administrative procedure, as embodied in chapter 5 of title 5, United States Code, and other statutes, is intended to offer a prompt, expert, and inexpensive means of resolving disputes as an alternative to litigation in the Federal courts; (2) administrative proceedings have become increasingly formal, costly, and lengthy resulting in unnecessary expenditures of time and in a decreased likelihood of achieving consensual resolution of disputes; (3) alternative means of dispute resolution have been used in the private sector for many years and, in appropriate circumstances, have yielded decisions that are faster, less expensive, and less contentious; (4) such alternative means can lead to more creative, efficient, and sensible outcomes; (5) such alternative means may be used advantageously in a wide variety of administrative programs; (6) explicit authorization of the use of well-tested dispute resolution techniques will eliminate ambiguity of agency authority under existing law; (7) Federal agencies may not only receive the benefit of techniques that were developed in the private sector, but may also take the lead in the further development and refinement of such techniques; and (8) the availability of a wide range of dispute resolution procedures, and an increased understanding of the most effective use of such procedures, will enhance the operation of the Government and better serve the public. 5 USC 581 note. SEC. 3. PROMOTION OF ALTERNATIVE MEANS OF DISPUTE RESOLUTION. (a) PROMULGATION OF AGENCY POLICY. —Each agency shall adopt a policy that addresses the use of alternative means of dispute resolution and case management. In developing such a policy, each agency shall— (1) consult with the Administrative Conference of the United States and the Federal Mediation and Conciliation Service; and

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