[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Extensions of Remarks]
[Page E2207]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               ALTERNATIVE DISPUTE RESOLUTION ACT OF 1998

                                 ______
                                 

                               speech of

                          HON. EVA M. CLAYTON

                           of north carolina

                    in the house of representatives

                       Saturday, October 10, 1998

  Mrs. CLAYTON. Mr. Speaker, I rise in support of H.R. 3528, the 
Alternative Dispute Resolution Act of 1998.
  This bill passed the House in April, by a vote of 405 to 2, and it is 
here again, with Senate amendments. Alternative Dispute Resolution is 
commonly referred to as ``ADR.''
  ADR includes a range of procedures, such as mediation, arbitration, 
peer panels and ombudsmen.
  Traditional dispute resolution in America almost always involves a 
Plaintiff and a Defendant, battling each other in a court, before a 
judge or jury, to prove that one is wrong and one is right.
  It is time consuming, and it is expensive, too expensive for most 
wage earners to afford, and often too time-consuming to be of much 
practical use.
  In addition, as one writer has observed, a process that has to 
pronounce ``winners and losers necessarily destroys almost any 
preexisting relationship between the people involved . . . [and] . . . 
it is virtually impossible to maintain a civil relationship once people 
have confronted one another across a courtroom.''
  The bill before us requires all U.S. District Courts to establish a 
voluntary alternative dispute resolution program within the courts. The 
purpose of the Bill is to guarantee that all litigants have another way 
to resolve their differences, short of a full trial.
  Mediation is a voluntary process in which a neutral third party--a 
mediator--assists two or more disputants, to reach a negotiated 
settlement of their differences.
  The process allows the principal parties to vent and diffuse 
feelings, clear up misunderstandings, find areas of agreement, and 
incorporate these areas of agreement into solutions that the parties 
themselves construct.
  The process is quick, efficient and economical. It also facilitates 
lasting relationships between disputants.
  A recent survey by the Government Accounting Office showed that 
mediation is the ADR technique of choice among the five federal 
agencies and five private corporations that were surveyed.
  The Report stated, ``Most of the organizations we studied had data to 
show that their ADR processes, especially mediation, resolved a high 
proportion of disputes, thereby helping them avoid formal redress 
processes and litigation.''
  In a taped message on Law Day, May 1st, Attorney General Janet Reno 
said, ``Our lawyers are using mediation . . . to resolve . . . 
employment . . . cases. I have directed that all of our attorneys in 
civil practice receive training in mediation advocacy.''
  On that same day, President Clinton issued a memorandum, creating a 
federal interagency committee to promote the use of alternative dispute 
resolution methods within the federal government, pursuant to the 
Administrative Dispute Resolution Act of 1996.
  In addition, the Civil Rights Act of 1991 encourages the use of 
mediation and other alternative means of resolving disputes that arise 
under the Act or provisions of federal laws amended by the title.
  And, in 1995, the Equal Employment Opportunity Commission promulgated 
its policy on ADR which encourages the use of ADR in appropriate 
circumstances.
  ADR can provide faster, less expensive, less contentious and more 
productive results in eliminating disputes.
  In sum, ADR is effective and is legislatively and administratively 
encouraged. Mediation is the ADR method of choice. It is the wave of 
the future, an effective tool.
  In the next Congress, I intend to introduce legislation to further 
encourage the use of ADR.




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