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Alternative Dispute Resolution Services To GovernmentFifty Years of Conflict ResolutionThe Federal Mediation and Conciliation Service (FMCS) is an independent agency of the United States Government created by Congress in 1947 to provide mediation and conflict resolution related services to its clients. These services are delivered by the agency's nearly 200 full-time mediators who operate in 78 field offices located throughout the country. The primary focus of FMCS's work is on labor-management relations, mediating contract negotiation disputes between companies and the unions representing their employees, and providing training in cooperative processes to help build better labor-management relations. Additionally, FMCS is authorized under the Dispute Resolution Act of 1990 to share its expertise in all aspects of mediation, facilitation and conflict resolution with federal, state and local governmental bodies and agencies. With the increasing awareness of the concept and benefits of conflict resolution in the general public, the terms mediation and Alternative Dispute Resolution (ADR) have become nearly synonymous. At FMCS, ADR is used to describe a variety of joint problem-solving approaches which can be used in lieu of more formal and often expensive courtroom litigation, or as an alternative to agency adjudication and traditional rulemaking. These processes usually involve the use of a neutral third party to help disputants find mutually-acceptable solutions. Services are based on the specific needs of the parties, and can include dispute resolution assistance, systems design and training for agency personnel. An area of our ADR practice receiving wider attention and use is regulatory negotiation. The Negotiated Rulemaking Act of 1990 authorizes the agency to use its mediation services to improve government operations. FMCS assists American citizens and government in the regulatory process by bringing the regulators and those who will be affected by regulations to work together in the formulation of proposed rules through negotiation. As a neutral third-party, FMCS convenes and facilitates complex, multi-party rulemaking procedures to help produce draft rules by consensus. FMCS's has been providing ADR service for over twenty years, dating back to the early 1970's when the agency was asked to mediate a land dispute between the Navajo and Hopi Indian tribes. In the early 1980's, FMCS facilitated the first regulatory negotiations held by the Federal Aviation Administration. Regulatory negotiation activity increased throughout the decade, with FMCS involved in negotiations held by the Departments of Transportation, Agriculture, Labor and others. FMCS also began providing mediation services for Home Owner Warranty disputes and in training volunteer mediators for the Farm Credit Administration. Since then, FMCS has become a leading authority on the design, delivery and and implementation of dispute resolution techniques and systems. FMCS has assisted Federal agencies in settling disputes in a variety of fields, including complex regulatory and environmental matters, equal employment, and educational grant disputes and enforcement matters. Services to ClientsIn response to the increased needs of federal, state and local governments, FMCS provides expertise in the following core ADR services: System Design -- FMCS mediators are available to work with governmental agencies to design systems for internal or external resolution. Such work normally entails a needs assessment and diagnosis, and usually a site visit. Systems design also includes a "procedures audit" of the manner in which issues and problems are currently resolved, those options available for improvement, and a detailed plan for implementation, maintenance and evaluation of a new system. Education/Training/Mentoring -- FMCS offers a wide array of educational and training related programs, customized to the needs of government agencies, public institutions, and state and local governments. Programs include:
Program length usually ranges from 1-5 days, and encompasses the needs of neutrals, advocates and those who administer ADR programs. Follow-up programs and resources are also available. Mediation/Facilitation and Convening Services -- FMCS offers full-time, professional mediators to assist in convening, mediating and facilitating dispute resolution programs in such areas as public policy, enforcement, employment, EEO, educational grants, agricultural, age discrimination and others. Regulatory Negotiations/Public Policy Issues -- FMCS has a cadre of specially trained mediators with expertise in the convening and facilitation of complex public policy and regulatory negotiations processes. Evaluation and Follow-up -- FMCS offers evaluation systems for the assessment of ADR programs and continuing involvement to improve ADR initiatives. FMCS Agency/Customers For ADR Services Since 1991 include:
* ADR Video -- a basic primer/overview of ADR, including descriptions of ADR processes, case studies, and testimonials. Running time is approximately 20 minutes. Hundreds of copies of this video were distributed widely in the Federal community, including all Dispute Resolution Specialists. * Mediation Training Course and Manual -- in addition to FMCS, the former Administrative Conference of the United States and the Department of Health and Human Services hosted the first interagency mediation training session in July 1993. This week-long training was open to representatives of all federal agencies. As a result of this successful project, a training manual was created and distributed in August 1994. The manual was conceived as a complete course designed for conducting by experienced mediators, rather than agency training departments. This manual was circulated widely throughout the federal government, including all Dispute Resolution Specialists. Regulatory NegotiationsSince the passage of the Negotiated Rulemaking Act of 1990, FMCS has facilitated numerous regulatory negotiations and public policy disputes. The results have been extremely positive. By formulating rules and policies in a public negotiating process, potential or actual antagonists can be motivated to participate, and become partners in helping the agency solve a regulatory problem. Thus, the likelihood of subsequent challenges to a new regulation is greatly reduced. Agencies using ADR report significant cost savings and benefits. They include:
How to Procure FMCS's ADR ServicesFMCS is available to assist federal, state and local government agencies or public institutions (State universities, etc.) on a cost reimbursement contract basis. Costs usually include salaries, benefits, travel, per diem and an agency overhead charge. Prior to beginning work, FMCS will provide a cost estimate. Initial consultations are usually provided free of charge. To arrange for a consultation, or find out more about FMCS's ADR services, please contact: Federal Mediation and Conciliation Service Office of ADR Services OR FMCS ORGANIZATION FMCS mediators work out of more than 75 field offices around the United States, administered through five geographic regions. For more information, contact the FMCS Office nearest you. National Office:Federal
Mediation and Conciliation Service Northeastern RegionOne Newark
Center, 16th Floor William J.
Green Federal Building Southern Region401 West
Peachtree Street, NW, Suite 472 3452 Lake
Lynda Drive, Suite 122 12140
Woodcrest Executive Drive, Suite 215 Midwestern Region6161 Oak
Tree Boulevard, Suite 120 Upper Midwestern RegionBroadway
Place West Elm Plaza,
Suite 203 Western Region1100 Town
and Country Rd, Suite 410 Westin
Building, Suite 310 Federal Mediation and Conciliation ServiceMission
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