An increasing number of problems in the management of government contracts are now referred to lawyers, accountants, and judges for resolution. This accelerating trend has tended to deemphasize the responsibility of the agency contracting officers, who (in most agencies) have traditionally played a key role in the procurement process, including...
Dispute Resolution (Recommendations)
Tag cloud
Hide tags
50th Anniversary
Adjudication
Administrative Dispute Resolution Act
Administrative Law Judges (ALJs)
Administrative Procedure Act (APA)
Administrative Review
Adverse Publicity
Advisory Committees
Agency Organization
Alternative Dispute Resolution (ADR)
Appeals
Arbitration
Assistance Programs
Asylum
Attorneys
Bank Regulation
Benefits
Case Management
Cease and Desist Orders
CERCLA
Choice of Forum
Civil Money Penalties
Clean Air Act (CAA)
Code of Federal Regulations (CFR)
Collaboration
Compensation
Compliance Standards
Confidentiality
Conflict of Interest
Congress
Consumers
Contract Disputes
Contracting Officers
Cost Benefit Analysis
Customs Service
Debt Collection
Delegation
Direct Final Rulemaking
Disability
Disclosure
Discount Rate
Discovery
Discretion
Dispute Resolution
Disputes
Disqualification
Divestiture
E-Rulemaking
Electronic Records Management
Energy
Enforcement
Entitlements
Environment
Environmental Law
Equal Access to Justice Act (EAJA)
Equal Employment Opportunity
Ethics
Ex Parte Communications
Executive Branch Appointees
Executive Oversight
Executive Review
Export Administration Act
Export Controls
Fair Housing Act
Farm Credit Program
Federal Acquisition Regulation
Federal Advisory Committee Act (FACA)
Federal Digital System (FDsys)
Federal Employees
Federal Facilities
Federal Rules of Civil Procedure
Federal Rules of Evidence
Federal Water Pollution Control Act (Clean Water Act)
Federalism
Financial Disclosure
Foreign Affairs
Formal Adjudication
Formal Rulemaking
Formula Grant Programs
Forum
Freedom of Information Act (FOIA)
Generic Proceedings
Government Contractor Employees
Government Contracts
Government in the Sunshine Act
Government Sponsored Enterprises
Grant Disputes
Grant Programs
Hazardous Waste
Health and Safety Regulation
Health Care
Hearing Officers
Hearings
Hybrid Rulemaking
Immigration
Incorporation by Reference
Indemnification
Indexing
Information Collections
Interagency Coordination
Interagency Working Group
Interim Final Rulemaking
Interlocutory Appeals
Intermediate Appellate Boards
Internal Revenue Code
International Regulatory Cooperation
International Trade
Interpretive Rules
Judicial Forum
Judicial Review
Jurisdiction
Labor
Legal Education
Legislative Rulemaking
Legislative Veto
Liability
Licensing
Magnuson-Moss
Mediation
Medicaid
Medicare
Midnight Rules
Military
Monetary Claims
National Environmental Policy Act (NEPA)
Negotiated Rulemaking
Neutrals
News
Ombudsman
Paperwork Reduction Act
Performance Management
Pesticides
Petitions for Rulemaking
Policy Statements
Preemption
Presidential Appointees
Presidential Oversight of Rulemaking
Presidential Review
Presidential Transition Act
Prisoners
Privilege
Procedural and Practice Rule Exemption
Procurement
Product Recalls
Prompt Corrective Action
Protective Orders
Public Information
Public Lands
Public Participation
Publication
Publicity
Quality Assurance
Ratemaking
Recalls
Receivership
Recommendations
Records Management
Recusal
Regulation
Regulatory Analysis
Regulatory Negotiation
Renegotiation Act
Representation
Representative Payees
Retirement
Review of Discretionary Decisions
Risk Assessment
Risk Communication
Rulemaking
Savings and Loan
Science
Separation of Functions
Settlements
Social Security
Sovereign Immunity
Statement
Statistics
Statutory Interpretation
Statutory Time Limits
Subpoena (Subpena)
Sunshine Act
Superfund
Supplemental Security Income (SSI)
Suspension
Taxation
Technical Standards
Technology
Trial-type Procedures
TTIP
Venue
Veterans
Video Hearings
Visas
Voluntary Consensus Standards
Worker Health and Safety
- Recommendation number: 89-2
- Adopted on: June 15, 1989
- Contracting Officers, Dispute Resolution, Disputes, Federal Acquisition Regulation, Government Contracts, Mediation, Procurement
- Recommendation number: 90-2
- Adopted on: June 7, 1990
- Confidentiality, Congress, Dispute Resolution, Mediation, Ombudsman
The ombudsman1 is an institution frequently used in other countries, and increasingly used in this country, as a means of inquiring into citizen grievances about administrative acts or failures to act and, in suitable cases, to criticize or to make recommendations...
- Recommendation number: 90-7
- Adopted on: December 18, 1990
- Tags: Congress, Dispute Resolution, Privilege, Separation of Functions
The routine sharing of information between congressional committees and administrative agencies constitutes one of the most important interactions between the political branches of our national government. The process of exchanging information affects the ability of the executive and legislative branches to carry out their constitutionally assigned...
- Recommendation number: 88-11
- Adopted on: December 9, 1988
- Tags: Adjudication, Confidentiality, Discovery, Dispute Resolution, Freedom of Information Act (FOIA), Mediation, Neutrals, Settlements
The resolution of issues through negotiations among the affected parties has long been recognized as an essential ingredient of the administrative process....
- Recommendation number: 88-5
- Adopted on: June 10, 1988
- Tags: Adjudication, Administrative Law Judges (ALJs), Confidentiality, Dispute Resolution, Hearing Officers, Mediation, Settlements
Many cases over which administrative law judges, administrative judges, and other agency hearing officers preside do not involve broad regulatory issues and are often appropriately resolved by settlement. Following in the footsteps of several innovative federal judges,1 some administrative agencies have begun to provide additional mechanisms for resolving these cases....
- Recommendation number: 91-8
- Adopted on: December 12, 1991
- Tags: Adjudication, Civil Money Penalties, Congress, Dispute Resolution, Enforcement, Mediation
The Federal Aviation Administration is currently operating a demonstration civil penalty program under which the FAA may impose monetary penalties of up to $50,000 for violations of the Federal Aviation Act or its regulations. Under the program, the FAA prosecutes violations, proposing initial civil money penalties according to the discretion of the...
- Recommendation number: 82-2
- Adopted on: June 17, 1982
- Tags: Dispute Resolution, Grant Disputes, Grant Programs
Federal grants to governments, public service institutions and other non-profit organizations have been conspicuous instruments of federal policy since the 1930s. During the past two decades the growth in the number of federal grant programs, and the level of resources distributed through grants, has evidenced the expanded influence of the federal...
- Recommendation number: 85-5
- Adopted on: December 13, 1985
- Tags: Dispute Resolution, Mediation, Negotiated Rulemaking, Public Participation, Regulatory Negotiation, Rulemaking
Negotiations among persons representing diverse interests have proven to be effective in some cases in developing proposals for agency rules. In 1982, the Administrative Conference of the United States adopted Recommendation 82-4, 1 CFR § 305.82-4, encouraging the use of negotiated rulemaking by federal agencies in appropriate situations....
- Recommendation number: 82-4
- Adopted on: June 18, 1982
- Tags: Congress, Dispute Resolution, Mediation, Negotiated Rulemaking, Public Participation, Regulatory Negotiation, Rulemaking
The complexity of government regulation has increased greatly compared to that which existed when the Administrative Procedure Act was enacted, and this complexity has been accompanied by a formalization of the rulemaking process beyond the brief, expeditious notice and comment procedures envisioned by section 553 of the APA. Procedures in addition...
- Recommendation number: 86-3
- Adopted on: June 20, 1986
- Tags: Adjudication, Arbitration, Congress, Dispute Resolution, Mediation, Settlements
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...