Arbitration (Recommendations)

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Federal agencies now decide hundreds of thousands of cases annually—far more than do federal courts. The formality, costs and delays incurred in administrative proceedings have steadily increased, and in some cases now approach those of courts. Many agencies act pursuant to procedures that waste litigants’ time and society’s resources and whose formality can reduce the chances for consensual...

The Administrative Conference has repeatedly encouraged agencies to take advantage of mediation, negotiation, minitrials, binding arbitration and other alternative means of dispute resolution (“ADR”).1 While some agencies have begun to employ these methods to reduce transaction costs and reach better results, many disputes are still being resolved with unnecessary...

The Administrative Conference has recommended that agencies employ alternative means of dispute resolution (ADR) in Federal programs.1 ADR techniques for rulemaking include structured negotiation and mediation; for adjudication, they also include arbitration, factfinding and minitrials.2 The bulk of these techniques do not alter the placement...