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Army Alternative Dispute Resolution Program

Army Alternative Dispute Resolution Program. Joint DoD/MEDCOM 2008 Health Care Law Conference Linda Myers Army OGC (ADR) 5 March 2008. ADR – What is it?.

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Army Alternative Dispute Resolution Program

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  1. Army Alternative Dispute Resolution Program Joint DoD/MEDCOM 2008 Health Care Law Conference Linda Myers Army OGC (ADR) 5 March 2008

  2. ADR – What is it? “Any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and the use of ombuds, or any combination thereof.” --Administrative Dispute Resolution Act of 1996

  3. ADR – What is it? Key elements of ADR— • Neutral third party (e.g., mediator) • Self-determination of the parties as to outcome • Confidentiality • One or more “issue(s) in controversy • Not limited to the “legal” issues of the case • Usually pursues an “interest-based” approach to develop options for resolution

  4. Interest-based Negotiation Focusing on interests can result in: • Non-monetary solutions to problems • Better communication due to improved understanding of each party’s motivations • Development of new options based on a thorough examination of all variables • Discovery of issues not initially apparent that are decisive in reaching consensus

  5. Separating the People Fromthe Problem • Effective negotiators have the ability to separate the people from the problem • People and problems get entangled by: • Perceptions • Emotions • Communication • Assumptions

  6. Army ADR - Background • 1990: Administrative Dispute Resolution Act of 1990 (ADRA I) • 1995: SECARMY West issues first Army ADR policy • 1996: Administrative Dispute Resolution Act of 1996 (ADRA II) • 1990s • AMC, Corps of Engineers and other Army components implement innovative ADR programs • Partnering in contracts and civil works projects • Agency-level bid protest program • Cutting edge workplace disputes ADR programs • No integrated Army-wide ADR program • 2007…

  7. New Army ADR Policy

  8. Army ADR Policy • “It is Army policy to encourage the use of ADR whenever appropriate, the goal being to resolve disputes at the earliest stage feasible, by the fastest and least expensive method possible, and at the lowest possible organizational level.” • Designates Principal Deputy General Counsel as Army “Dispute Resolution Specialist” • Directs ADRS to coordinate with stakeholders on establishing and implementing Army ADR program • Directs the hire of an ADR specialist and additional manpower to establish a discrete ADR footprint in OGC

  9. Army ADR Program Office • Housed in the Army Office of the General Counsel at the Pentagon • Headed by a senior level HQE • Physical offices in Arlington VA • Personnel: • Director: Marc Van Nuys • Workplace and Training Programs: Linda Myers • Acquisition and Environmental Programs: Vacant • Special Assistant: Peter Dickson • Administrative: Linda Littlejohn

  10. Army ADR Program Goals • Promote the early identification and resolution of issues in controversy at the lowest possible level • Support and assist Army components and activities to build and maintain effective conflict management and dispute resolution capabilities • Training & mentoring • Third-party neutral support • Establish and implement comprehensive ADR policies and guidance for all Army dispute resolution activities

  11. Current Directions • Collaboration with major ADR stakeholders • Assistant Secretaries (M&RA, CW, I&E, ALT), OTJAG, AMC, COE • Establish ADR working group to develop and implement the Army’s first 5-year ADR plan • Assess current status of ADR in the Army (survey) • Outreach (ADR awareness and promotion) • Develop training curricula and delivery mechanisms • Redesign Army-wide ADR data collection processes • Develop best practices/lessons learned from current Army and other ADR programs

  12. Army 5-Year ADR Plan OGC/ADR Workplace Disputes Contract Disputes Environmental Disputes

  13. Army 5-Year ADR Plan • Workplace • EEO complaints • Employee grievances and appeals • Labor-management disputes • NSPS proceedings • Acquisition • Contract dispute appeals • Request for Equitable Adjustment (REA) claims • Bid protests (agency level and GAO) • Environmental • Compliance matters • Enforcement actions • Regulatory issues

  14. Future Directions • Promulgate an Army ADR regulation to replace 5-year plans • Build an Army-wide support infrastructure for component-driven ADR programs • Provide tiered training in ADR and negotiation skills for a wide spectrum of Army audiences • Provide one-stop access to Army ADR Information/Best Practices • Accurately and reliably track, measure and report Army ADR usage and success

  15. How to Reach Us • Main Office: DA OGC, ADR Program Office, 1777 N. Kent Street, Suite 2000, Arlington VA 22209; Telephone: 703-696-5538 (DSN 426) • Marc Van Nuys: 703-696-5240 (DSN 426); Email marc.vannuys@us.army.mil • Linda Myers: 703-696-5263 (DSN 426); Email linda.myers2@us.army.mil • Peter Dickson: 703-696-5360 (DSN 426); Email peter.dickson@us.army.mil

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