Appendix A to Part 17 - Alternative Dispute Resolution (ADR)
14:1.0.1.2.9.9.11.1.1 : Appendix A
Appendix A to Part 17 - Alternative Dispute Resolution (ADR)
A. The FAA dispute resolution procedures encourage the parties
to protests and contract disputes to use ADR as the primary means
to resolve protests and contract disputes, pursuant to the
Administrative Dispute Resolution Act of 1996, Public Law 104-320,
5 U.S.C. 570-579, and Department of Transportation and FAA policies
to utilize ADR to the maximum extent practicable. Under the
procedures presented in this part, the ODRA encourages parties to
consider ADR techniques such as case evaluation, mediation, or
arbitration.
B. ADR encompasses a number of processes and techniques for
resolving protests or contract disputes. The most commonly used
types include:
(1) Mediation. The neutral or compensated neutral
ascertains the needs and interests of both parties and facilitates
discussions between or among the parties and an amicable resolution
of their differences, seeking approaches to bridge the gaps between
the parties” respective positions. The neutral or compensated
neutral can meet with the parties separately, conduct joint
meetings with the parties” representatives, or employ both methods
in appropriate cases.
(2) Neutral Evaluation. At any stage during the ADR
process, as the parties may agree, the neutral or compensated
neutral will provide a candid assessment and opinion of the
strengths and weaknesses of the parties” positions as to the facts
and law, so as to facilitate further discussion and resolution.
(3) Binding Arbitration. The ODRA, after consultation
with the United States Department of Justice in accordance with the
provisions of the Administrative Disputes Resolution Act offers
true binding arbitration in cases within its jurisdiction. The
ODRA's Guidance for the Use of Binding Arbitration may be found on
its website at: http://www.faa.gov/go/odra.