[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Pages 68086-68087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22349]


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DEPARTMENT OF JUSTICE


Subcommittees of the Interagency ADR Working Group Steering 
Committee

AGENCY: Department of Justice.

ACTION: Notice soliciting public comment on three documents created by 
subcommittees of the Interagency ADR Working Group Steering Committee. 
The Steering Committee invites all interested individuals or 
organizations to submit comments on these documents for its 
consideration before they are posted in final form.

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SUMMARY: This notice solicits public comment on three documents created 
by subcommittees of the Interagency ADR Working Group Steering 
Committee (``Steering Committee''), a group of federal subject matter 
experts. The first document, ``Protecting the Confidentiality of 
Dispute Resolution Proceedings: A Guide for Federal Workplace ADR 
Program Administrators'' (``Confidentiality Guide''), provides 
practical guidance to program administrators on the application of the 
confidentiality provisions of the Administrative Dispute Resolution Act 
of 1996 (``the ADR Act'' 5 U.S.C. 574) to federal workplace dispute 
resolution programs. The other two documents (``Supplementation and 
Annotation documents''), consist of: (1) ``A Guide for Federal Employee 
Mediators,'' a supplementation and annotation of the 2005 Model 
Standards of Conduct for Mediators issued by the American Arbitration 
Association (``AAA''), American Bar Association (``ABA''), and the 
Association for Conflict Resolution (``ACR''), for use by federal 
employee mediators; and (2) ``A Guide for Federal Employee Ombuds,'' a 
supplementation and annotation of the Standards for the Establishment 
and Operations of Ombuds Offices issued on February 9, 2004 by the ABA, 
prepared by the Steering Committee in conjunction with the Coalition 
for Federal Ombudsmen (``CFO'') for use by federal employee ombuds. 
Complete versions of each of the three documents can be found at http://www.adr.gov/draftguides.html or may be requested in hard copy from 
Hon. Richard C. Walters at 202-273-6747.
    The Steering Committee invites all interested individuals or 
organizations to submit comments on these documents for its 
consideration before they are posted in final form.

DATES: All comments must be postmarked or emailed by 30 days from the 
date of this notice, in order to receive consideration.

ADDRESSES: Please address all comments to Hon. Richard C. Walters, 
Administrative Judge, U.S. Department of Veterans Affairs Board of 
Contract Appeals (09), 810 Vermont Avenue, NW., Washington, DC 20420 
and sent by e-mail to [email protected]. Electronic transmission is 
preferred to ensure full distribution.

SUPPLEMENTARY INFORMATION:
    Authority: The Administrative Dispute Resolution Act of 1996 (ADR 
Act), 5 U.S.C. Sections 571-584, requires each Federal agency to 
promote the use of ADR and calls for the establishment of an 
interagency committee to assist agencies in the use of ADR. Under this 
Act, a Presidential Memorandum, dated May 1, 1998, created the 
Interagency ADR Working Group, chaired by the Attorney General, to 
``facilitate, encourage, and provide coordination'' for Federal 
agencies. In the Memorandum, the President charged the Working Group 
with assisting agencies with training in ``how to use alternative means 
of dispute resolution''. The three documents are designed to serve this 
goal.
    Executive Overview of the Confidentiality Guide: This document, 
directed primarily toward managers of federal ADR programs, describes 
in practical, non-legal terms, the nature and limits of confidentiality 
in federal ADR proceedings. This document extends the guidance issued 
by the Federal ADR Council, Report on the Reasonable Expectations of 
Confidentiality Under the Administrative Dispute Resolution Act of 
1996, 5 FR 83085, December 29, 2000 (``the 2000 ADR Guidance''), which 
may be found at http://www.adr.gov/pdf/confid.pdf, the IADRWG website. 
This guide is designed to be used in concert with the confidentiality 
provisions of the ADR Act as well as agency confidentiality policies 
and guidance.
    This Confidentiality Guide contains information to assist the 
program manager in taking the steps necessary to assure that both 
internal and external neutrals understand the confidentiality 
provisions that apply to federal ADR programs and that parties are 
adequately informed of these provisions. While the Confidentiality 
Guide is aimed primarily at federal workplace disputes, it should be 
valuable to all dispute resolution professionals in the government and 
private sector.
    Each chapter of the Confidentiality Guide includes a description 
and discussion of the issues, a legal analysis, and questions and 
answers related to

[[Page 68087]]

confidentiality as it pertains to an aspect of a federal workplace ADR 
program. The first chapter discusses issues applicable throughout a 
dispute resolution proceeding. This chapter covers the various stages--
before, during, and after the actual dispute resolution session--of a 
dispute resolution proceeding. The remaining five chapters discuss 
particular issues regarding confidentiality--i.e., confidentiality 
agreements, record-keeping, program evaluation, access requests, and 
non-party participants.
    Executive Overview of the Guide for Federal Employee Mediators: 
This document builds upon the 2005 Model Standards of Conduct for 
Mediators (``Model Standards'') issued by a joint committee of three 
major nationwide dispute resolution organizations, the AAA, ABA and ACR 
in order to establish for federal employee mediators ethical standards 
of conduct tailored to mediation practice within the federal 
government. It sets out the Model Standards in their entirety and 
accompanies those standards with Federal Guidance Notes that provide 
practical guidance for federal employee mediators. In particular, 
Federal Guidance Notes are appended to the Model Standards for 
``Impartiality,'' ``Conflicts of Interest,'' ``Confidentiality,'' 
``Quality of the Process,'' ``Advertising and Solicitation,'' and 
``Fees and Other Charges.''
    Executive Overview of the Guide for Federal Employee Ombuds: This 
document builds upon the February 9, 2004 ABA Standards for the 
Establishment and Operations of Ombuds Offices (``Ombuds Standards'') 
issued by the ABA in order to establish for federal employee ombuds 
standards of conduct tailored to federal ombuds practice. It sets out 
the Ombuds Standards in their entirety and accompanies those standards 
with Federal Guidance Notes that provide practical guidance for federal 
employee ombuds. In particular, Federal Guidance Notes are appended to 
the Ombuds Standards for ``Establishment and Operations,'' 
``Independence, Impartiality and Confidentiality,'' ``Limitations on 
the Ombuds' Authority,'' ``Notice,'' and ``Executive Ombuds.''

Linda A. Cinciotta,
Director, Office of Dispute Resolution.
[FR Doc. 05-22349 Filed 11-8-05; 8:45 am]
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