Page:United States Statutes at Large Volume 104 Part 4.djvu/423

 PUBLIC LAW 101-552—NOV. 15, 1990 104 STAT. 2739 "(B) for a proceeding without named parties, a person who will be significantly affected by the decision in the proceeding and who participates in the proceeding; "(11) 'person' has the same meaning as in section 551(2) of this title; and "(12) 'roster' means a list of persons qualified to provide services as neutrals. "§582. General authority "(a) An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding. "(b) An agency shall consider not using a dispute resolution proceeding if— "(1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent; "(2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency; "(3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions; "(4) the matter significantly affects persons or organizations who are not parties to the proceeding; "(5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and "(6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency's fulfilling that requirement. "(c) Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques. "§ 583. Neutrals "(a) A neutral may be a permanent or temporary officer or employee of the Federal Government or any other individual who is acceptable to the parties to a dispute resolution proceeding. A neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve. "(b) A neutral who serves as a conciliator, facilitator, or mediator serves at the will of the parties. "(c) In consultation with the Federal Mediation and Conciliation Service, other appropriate Federal agencies, and professional organizations experienced in matters concerning dispute resolution, the Administrative Conference of the United States shall— "(1) establish standards for neutrals (including experience, training, affiliations, diligence, actual or potential conflicts of interest, and other qualifications) to which agencies may refer;

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