The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 6... ...
6 • Negotiations will substantively affect persons who are not present and who cannot be effectively represented. • There is a need to focus public attention or make an example of a "bad actor." • The transaction costs of a consensus process exceed those of traditional methods.
|
From page 7... ...
7 onciliation, settlement, compromise, or understanding in conflicts over environmental, natural resources, or public lands issues and related economic and social concerns. As used in this digest, environmental ADR means mediation and other approaches that employ a third-party neutral to aid parties to work together effectively to reach a mutually acceptable resolution of the issues in a dispute or controversy involving transportation decisions that may significantly affect the environment.
|
From page 8... ...
8 adopted a final plan, which it presented to state and local government agencies for formal endorsement. The Southwest Washington Regional Transportation Council; Ports of Portland, Oregon, and Vancouver, Washington; Oregon Transportation Commission; Multnomah County; city of Portland; and the transit agencies in Portland and Vancouver all endorsed the plan.
|
From page 9... ...
9 guide implementation of the Memorandum. Led by CEQ and IECR, the group comprises staff from CEQ, OMB, EPA, and the U.S.
|
From page 10... ...
10 tiously while meeting environmental, economic, and community objectives. Whether or not these approaches are technically ADR, they often employ mediation and similar consensus building to foster exchange of knowledge, improved information, and better project outcomes, and, in any event, they have enough in common with ADR processes to warrant mention.
|
From page 11... ...
11 3 years -- as a model for large, controversial transportation projects. A unique project planning and dispute resolution process was developed for the ICC to meet both streamlining and NEPA requirements.
|
From page 12... ...
12 cluded removal of visual intrusions, funding for lift bridge preservation, designation of Stillwater as a historic district, capacity-building for growth management in St. Croix County, and a basin-wide water quality study.
|
From page 13... ...
13 times inhibit the frank discussions that allow parties to explore options and priorities to maximum effect.20 At the federal level, this is seldom a problem, partly because the Administrative Dispute Resolution Act usually serves as an exception to the Freedom of Information Act and because the Government in the Sunshine Act21 applies only when several members of commissions with multiple members assemble at once. In many states, these laws will not likely be problematic, but in a few states -- Florida was cited by several experts -- attorneys and decision makers should be aware that their meetings and negotiations may be affected and plan accordingly.
|
From page 14... ...
14 Streamlining Act strongly encouraged ADR use, as did Administrative Conference27 Recommendation 88-3: Agencies should adopt policies encouraging voluntary use of ADR in contract disputes. The policies should place the responsibility for implementing ADR with contracting officers, government counsel, and BCA judges.
|
From page 15... ...
15 tify the dispute resolution process that will be used on the project, designate key players in the process, and delegate authority to solve problems to the lowest level. Follow-up meetings are held at regular intervals to evaluate goals, objectives, and concerns.
|
From page 16... ...
16 DRBs are commonly found on larger, more complex projects. The DRB process is regarded by many as capable of both preventing disputes and achieving early consensual resolution, as it involves trusted expert neutrals who have the confidence of the parties and whose objective decisions when conflicts arise can administer a "dose of reality." A DRB typically involves the creation of a threemember standing committee that meets on a regular basis to review and resolve all project disputes before they become formal claims.
|
From page 17... ...
17 components, most notably impartial third parties who are trained in assisting negotiation and selected by (or at least acceptable to) all disputants.
|
From page 18... ...
18 vey for this report revealed few examples of their use by state transportation agencies. Pennsylvania's DOT used a minitrial to settle a construction claim on the Schuylkill Expressway project.
|
From page 19... ...
19 To be certified, arbitrators must know California construction law and have substantial experience in large, complex projects with federal, state or local governmental agencies. Extensive experience in the resolution of disputes arising out of such projects is desirable.46 Regulations to implement the program have been adopted jointly by the Departments of General Services, Transportation, and Water Resources.
|
From page 20... ...
20 eration of ADR as a way to expedite and improve ROW acquisition,52 substantial usage in this regard appears to have been limited to about a half-dozen states.53 Responses to a survey for an earlier TRB report54 indicated that in general transportation agencies did not consider mediation to be an especially valuable tool for accelerating ROW delivery.55 That continues to be the case. ROW ADR Use Generally.
|
From page 21... ...
21 property owners and other agencies, at the request of the DOT's ROW staff or DOJ, in resolving issues; documenting the mediation process and results; following up on all Oregon DOT obligations resulting from the mediation; and maintaining a list of qualified mediators. A ROW case can be considered for mediation if negotiations reach an impasse.
|
From page 22... ...
22 tion, facilitating the aforementioned second appraisal process for the property owner, providing an advisory legal opinion that attempts to resolve the dispute in accordance with the prevailing law, or arranging for arbitration (at the request of the property owner) and ordering the condemning entity to participate.
|
From page 23... ...
23 circumstances) have a person present with settlement authority.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.