Summary: H.R.5101 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for H.R.5101. Bill summaries are authored by CRS.

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Introduced in House (07/27/1988)

Administrative Dispute Resolution Act of 1988 - Authorizes each Federal agency to promulgate policies that address the use of the full range of alternative means of dispute resolution and case management in each administrative program of such agency.

Directs each agency to designate a senior official to be the dispute resolution specialist to implement the provisions of this Act and agency policy. Requires each agency to provide training for the dispute resolution specialist and other employees involved in implementing agency policy. Declares that such training may encompass theory and practice of negotiation, mediation, arbitration, or related techniques.

Requires each agency to amend each standard contract, grant, and other assistance agreements to authorize and encourage use of alternative means of dispute resolution.

Directs the Civilian Agency Acquisition Council and the Defense Acquisition Council, in consultation with the Administrative Conference of the United States (Conference), to adopt any amendments to the Federal Acquisition Regulation, or propose any statutory changes, necessary to adapt acquisition procedures to the requirements of the dispute resolution process.

Authorizes the use of alternative means of dispute resolution in administrative hearings.

Declares that each agency may use alternative means of dispute resolution if the involved parties agree to such procedures.

Authorizes the use of a neutral in such proceedings to serve as a conciliator, facilitator, or mediator at the will of the parties.

Sets forth confidentiality provisions for dispute resolution proceedings.

Authorizes the use of Federal arbitration procedures, if all concerned parties consent, either before or after a dispute has arisen. Sets forth provisions with respect to the authority of the arbitrator.

Requires arbitration awards to include a brief, informal discussion of the factual and legal basis. Declares that formal findings of fact or conclusions of law are not required. Makes the award final and binding on the parties to the matter and subject to judicial review.

Authorizes an agency to use the services of employees of other agencies as neutrals. Authorizes the Conference to establish standards for neutrals, maintain a roster of individuals who can act as neutrals, and enter into contracts for their services.

Requires the Conference to provide certain support services for agencies in dispute resolution proceedings. Sets forth the discretion of an agency in providing funding for such proceedings.

Amends the Contract Disputes Act of 1978 to direct the contracting officer to make all reasonable efforts to resolve a claim or dispute consensually, before making a decision under such Act. Authorizes the use of alternative means of dispute resolution or other mutually agreeable procedures for resolving claims.

Amends the Labor Management Relations Act to authorize the Federal Mediation and Conciliation Service to make services available to Federal agencies to aid in the resolution of disputes under this Act.

Authorizes each Federal agency to use arbitration or other alternative means of dispute resolution to settle any claim for money damages against the United States, not in excess of $100,000, based on any alleged tort.

Sets forth criteria for the use of non-attorneys as representatives of parties to any dispute.

Authorizes appropriations to the Conference to carry out this Act for FY 1989 through 1991.