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Alternative dispute resolution: Coming to proceedings near you

Journal Article · · Public Utilities Fortnightly; (United States)
OSTI ID:6234134
 [1]
  1. Crowell and Moring, Washington, DC (United States)
In the final days of its last session, Congress enacted two laws intended to expedite federal agency proceedings by reducing costly and time-consuming litigation. These laws have the potential to profoundly affect the settlement process used in Federal Energy Regulatory Commission (FERC) proceedings, as the legislation encourages the use of more informal, less adversarial alternative dispute resolution procedures. The alternatives include, for example, negotiation, arbitration, mediation, mini-trials, and other similar mechanisms that have been warmly embraced in principle, but have not yet been widely adopted in practice. As a result of the new laws, such alternative methods are already being used in the FERC proceedings that involve the Trans Alaska Pipeline System. By enacting the Administrative Dispute Resolution (ADR) Act, and the Negotiated Rulemaking Act of 1990 (Reg Neg Act), Congress has strongly endorsed greater use of alternative dispute resolution procedures in federal agency proceedings.
OSTI ID:
6234134
Journal Information:
Public Utilities Fortnightly; (United States), Journal Name: Public Utilities Fortnightly; (United States) Vol. 127:5; ISSN 0033-3808; ISSN PUFNA
Country of Publication:
United States
Language:
English