Interagency ADR Working Group Steering Committee

GOVERNANCE DOCUMENT
July 2006

I.  Authority and Background of the federal Interagency Alternative Dispute Resolution Working Group, Sections, and Steering Committee

Congress, by the Administrative Dispute Resolution Act (“ADRA”) of 1996, authorized the President to “establish an interagency committee to facilitate and encourage agency use” of alternative means of dispute resolution in the administrative process.   5 U.S.C. § 573(c) 

Pursuant to the statutory authority, the President (by Memorandum dated May 1, 1998, for the Heads of Executive Departments and Agencies) directed the United States Attorney General to convene an interagency “Alternative Dispute Resolution Working Group” which would serve as the interagency committee authorized by the ADRA.  The President’s Memorandum provides that:

• The Working Group consists of representatives of the heads of the Cabinet Departments and, as determined by the Attorney General, “other agencies with a significant interest in dispute resolution.”
  
• The mission of the Working Group is to “facilitate, encourage, and provide coordination for agencies” in, among other things, the development of alternative dispute resolution (ADR) programs and the training of agency personnel in “when and how to use alternative means of dispute resolution.” 
  
• The Attorney General may designate a representative(s) to convene and facilitate meetings of “subgroups” to address “particular issues or subject areas, such as disputes involving personnel, procurement, and claims.” 

The Attorney General, on September 14, 1998, officially convened the Interagency ADR Working Group and advised that the Working Group would “devolve” into (a) four subject matter Sections, and (b) a “forum” for discussing “best practices” in the field of ADR.  The Interagency ADR Working Group Steering Committee has staffed the work of the Working Group and has served as the “forum” envisioned by the Attorney General.  From its creation, the Steering Committee’s membership has included the Chairs and leadership of the four Working Group Sections.

II. Mission of the Steering Committee

The Steering Committee serves as the central forum for the advancement of ADR in the Federal government by coordinating multi-agency ADR initiatives, promoting best practices for federal ADR, conducting discourse and disseminating information regarding federal policy on ADR, and providing policy recommendations, as appropriate.

III. Relationship of the Steering Committee to Working Group Sections

The provision of subject matter guidance and technical assistance is the responsibility of the Sections.  The Steering Committee assists the Sections through the sharing of information and coordination of efforts but does not exert any authority or direction over the activities of the Sections.

IV. Membership of the Steering Committee

A. Scope of Membership: Subject to the criteria and process noted below, all federal agencies, departments, and commissions (hereinafter "agencies") are eligible to appoint one member to the Steering Committee as the agency’s “representative.”

B. Initial/Grandfathered  Members: The initial members of the Steering Committee (those actively involved on the Steering Committee as of June 28, 2000, the date of issuance of the Steering Committee’s initial Governance Document) listed below by name and then-current agency, are “grandfathered” as members on the Steering Committee and may continue their membership, so long as they continue in or resume federal Government service and their current employing agency authorizes their participation as Steering Committee members.  An initial member may continue as a Steering Committee member, even if his/her agency has designated another individual as the agency’s representative to the Committee.

David Batson, Environmental Protection Agency
Robert Baum, Department of the Interior
Jonathan Breul, Office of Management and Budget
Kimberly Brown, United States Postal Service
Cathy Costantino, Federal Deposit Insurance Corporation
Howard Gadlin, National Institutes of Health (Department of Health and Human Services)
Douglas Gallegos, Equal Employment Opportunity Commission
Phyllis Hanfling, Department of Energy
Eileen Hoffman, Federal Mediation and Conciliation Service
Carole Houk, Department of the Navy
Judy Kaleta, Department of Transportation
Neil Kaufman, Department of Health and Human Services
Fern Kaufman, Federal Labor Relations Authority
Christine Kopocis, Department of Defense
Jeffrey Knishkowy, Department of Agriculture
Jody Lee, Department of State
Martha McClellan, Federal Deposit Insurance Corporation
Joseph McDade, Department of the Air Force
Leah Meltzer, Securities & Exchange Commission
Richard Miles, Federal Energy Regulatory Commission
Anthony Palladino, Federal Aviation Administration (Department of Transportation)
Julia Roig, Office of Special Counsel
Jeffrey Senger, Department of Justice
Patricia Sheridan, Department of Veterans Affairs
Peter Steenland, Department of Justice
Richard Walters, Federal Aviation Administration (Department of Transportation)
Robert Ward, Environmental Protection Agency

C. New Members: Working Group Section Chairs have automatic membership on the Steering Committee but can designate someone to serve in their place.  Agencies without representation on the Steering Committee may appoint one person to the membership of the Steering Committee upon a showing, made by the designated Dispute Resolution Specialist of the assigning agency to the Steering Committee, that the person assigned is a senior level agency employee who has either substantial responsibility for the agency’s ADR program or substantial expertise in ADR.  A roster of Steering Committee members will be posted on the federal Interagency ADR web page (http://www.adr.gov).

D. Attendance at Steering Committee Meetings: Meetings of the Steering Committee shall be limited in attendance to Steering Committee members or their designated alternates.  Steering Committee members, however, may bring individual guests whose attendance is cleared in advance with the Chair of the Steering Committee.

E. Responsibility of Members: Each member is expected to maintain an active involvement in Steering Committee activities by regularly attending Steering Committee meetings and actively participating in at least one affiliated organization, such as a Subcommittee of the Steering Committee or one of the Sections.

F. Chair, Vice-Chair, and Spokesperson:  The Chair of the Steering Committee is chosen by the members of the Steering Committee for a term of six months (and is given an option to serve for an additional six-month term with the concurrence of the Steering Committee).  The Chair formulates the agenda for and presides over the Steering Committee meetings, and serves as the focal point for coordinating Steering Committee activities throughout his/her term.   

The Vice-Chair of the Steering Committee is chosen by the members of the Steering Committee for a term of six months (and is given an option to serve for an additional six-month term with the concurrence of the Steering Committee).  The Vice-Chair assists the Steering Committee Chair and presides over Steering Committee meetings in the absence of the Chair.  Upon expiration of his/her term, the Vice-Chair is given the option, with concurrence of the Steering Committee, to serve as Chair upon the first opening of that position.   

The Chair of the Steering Committee, in consultation with the Senior Counsel for Alternative Dispute Resolution/Director of the Office of Dispute Resolution at the U.S. Department of Justice and the Steering Committee representative(s) most knowledgeable about the matter involved, will serve as the Steering Committee’s spokesperson for the purpose of communications with outside organizations.

V. Steering Committee Decision-Making Process

All members are encouraged to participate in Steering Committee deliberations, unencumbered by agency affiliation.

When the Steering Committee decides on a course of action or approves a product for release or publication (i.e., a report or a guidance document developed by the Steering Committee or one of its subcommittees), the Steering Committee members, at a regularly scheduled meeting (or at a special meeting for which at least 48 hours of advanced notice has been furnished to Steering Committee members), shall reach an agreement with respect to that action or approval through consensus of Steering Committee members.  “Consensus” for this purpose means that all members or alternates in attendance at the meeting "can live with" the option or proposal presented.  A “consensus” may be obtained, even if one or more members choose to abstain from the deliberations.  If a consensus is not obtained, and the Steering Committee Chair determines that a matter requires immediate action, the matter shall be put to formal vote among the Steering Committee members or alternates present at the meeting, with each member or alternate having one vote, in which case a majority shall rule.