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24 been haphazard. The survey for this report identified no significant use of ADR by federal transportation entities.
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25 executive orders, rules, or other policies that encourage and enable agencies to establish and employ ADR processes.76 Some of these laws and policies address ADR processes' relationship with the existing legal and administrative framework. It is worth noting, though, that state and federal laws, executive orders, and policies have built on a long history of flexible settlement practice.
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26 well as to negotiate administrative and court settlements without assistance.
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27 be decided, the arbitrator then unseals the parties' proposed settlement amounts. The final award is the proposed penalty that is closest to the arbitrator's determination.
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28 • The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency's fulfilling that requirement (U.S.C.
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29 obligation, or both.96 Parties and other participants' disclosure is also usually strictly limited by statute, rule, or contract.97 2. Confidentiality Generally.
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30 confidentiality to local rule, yielding a proliferation of confidentiality rules.103 Given the disparate approaches taken, broad generalizations about definitions and protections for communications in ADR are difficult -- particularly in governmental contexts, where statutes (or agency rules) are especially complex and have taken diverse approaches to striking a balance between open government, oversight, and confidentiality.
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31 analysis and tips to assist program administrators, neutrals, and others on dealing with day-to-day issues like intake, preliminary conflict assessments, confidentiality agreement drafting, document handling, access requests, evaluation, and training. The next section of this digest contains advice on confidentiality, drawn from these documents and interviews conducted in connection with the digest survey.
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32 statement by Secretary Norman Mineta,116 USDOT established a Dispute Resolution Council to further the use of ADR across the Department. Headed by the Department's Dispute Resolution Specialist, it is comprised of representatives appointed by heads of each modal administration, Secretarial officers, and the Inspector General; members serve as Deputy Dispute Resolution Specialists to promote and coordinate the use of ADR.
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