Suggested Procedure For Conducting Informal Budget Dispute Resolution

EXHIBIT "B"

SUGGESTED PROCEDURE FOR CONDUCTING
INFORMAL BUDGET DISPUTE RESOLUTION

  1. Dispute Resolution Conference(s) (DRC) should be telephonic
    whenever possible to conserve time and expense.
  2. A DRC should normally begin by each Party acknowledging that
    he/she has recently read and understands the United States
    Trustees' "Informal Budget Dispute Resolution Process" and
    the exhibits thereto, including this "Suggested Procedure
    for Conducting Informal Budget Dispute Resolution."
  3. Both Parties should acknowledge to the Panel:
    1. that they have exclusively reserved the amount of time
      previously agreed for the DRC that day;
    2. that they each are willing to attempt in good faith to
      reach a compromise.
  4. Normally, a brief opening statement of the issue, the
    reasons supporting the position of, and the desired outcome
    by the Standing Trustee should be stated.
  5. Normally, a brief response to the issue, the reasons
    supporting the position of and the desired outcome by the
    United States Trustee should be stated.
  6. Normally, the Panel will then speak separately and
    confidentially to each side privately, to explore the
    strengths and weaknesses of the case, to discuss the time,
    expense, delay and any other disadvantages of other forms of
    dispute resolution, and to determine what is needed for
    acceptable compromise, and to convey with permission, the
    irreducible needs of the other side.
  7. Normally, the Panel will then carry settlement offers and
    counter offers back and forth until agreement of the parties
    is reached or the Panel determines the proceedings to be at
    an impasse.
  8. If the Parties resolve their dispute, the Panel will assist
    the Parties in reducing to writing a description of that
    resolution for signatures. That document will become part
    of the United States Trustee's proposed budget submission to
    the Director. The submission will include the Process. In
    the event the Parties are unable to arrive at an agreement
    to resolve the dispute, the Panel may, on unanimous
    agreement of the Panel, within five (5) working days of
    conclusion of the attempted mediation issue a non-binding
    joint written recommendation to the Parties. The Parties
    may either accept or reject the recommendation or use it as
    the basis for further negotiation between themselves. The
    issuance of the recommendation by the Panel will conclude
    the Process. At conclusion of the Process, the Panel will
    complete and serve on the Assistant Director of ORO and the
    NACTT Chair a "Report On Result Of Informal Budget Dispute
    Resolution Process," Exhibit "C" hereto.
  9. The initial task of the Panel is to facilitate, if possible,
    the Parties reaching a compromise agreement themselves.
  10. These procedures may be varied in the discretion of the
    Panel.
  11. If in the opinion of the Panel an impasse is reached, the
    Panel may, on unanimous agreement of the Panel, issue a
    joint written, non-binding recommendation only to the
    Parties within five (5) working days, which they may accept
    or reject or use as the basis for further negotiations
    between themselves. If not "accepted" by both, the Process
    will be reported by the Panel on Exhibit "C" as "no
    agreement reached". If the recommendation is "accepted" by
    both, the Agreement should be reduced to writing and a
    signed copy retained by each of the disputing parties only
    and a Report (Exhibit "C") immediately sent to the Assistant
    Director of ORO and the NACTT Chair by the Panel.
  12. The Parties should not have any direct or indirect
    communication with the Panel on the issue in question prior
    to the DRC.
Updated May 7, 2015

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