[Weekly Compilation of Presidential Documents Volume 34, Number 18 (Monday, May 4, 1998)]
[Pages 749-750]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Agency Use of Alternate Means of Dispute Resolution and 
Negotiated Rulemaking

May 1, 1998

Memorandum for Heads of Executive Departments and Agencies

Subject: Designation of Interagency Committees to Facilitate and 
Encourage Agency Use of Alternate Means of Dispute Resolution and 
Negotiated Rulemaking

    As part of an effort to make the Federal Government operate in a 
more efficient and effective manner, and to encourage, where possible, 
consensual resolution of disputes and issues in controversy involving 
the United States, including the prevention and avoidance of disputes, I 
have determined that each Federal agency must take steps to: (1) promote 
greater use of mediation, arbitration, early neutral evaluation, agency 
ombuds, and other alternative dispute resolution techniques, and (2) 
promote greater use of negotiated rulemaking.
    By the authority vested in me as President by the Constitution and 
laws of the United States including sections 569(a) and 573(c) of title 
5, United States Code, as amended by the Administrative Dispute 
Resolution Act of 1996 (Public Law 104-320), I hereby direct as follows:
    An Alternative Dispute Resolution Working Group, comprised of the 
Cabinet Departments and, as determined by the Attorney General, such 
other agencies with a significant interest in dispute resolution, shall 
be convened and is designated under 5 U.S.C. 573(c) as the interagency 
committee to facilitate and encourage agency use of alternative means of 
dispute resolution. The Working Group shall consist of representatives 
of the heads of all participating agencies, and may meet as a whole or 
in subgroups of agencies with an interest in particular issues or 
subject areas, such as disputes involving personnel, procurement, and 
claims. The Working Group shall be convened by the Attorney

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General, who may designate a representative to convene and facilitate 
meetings of the subgroups. The Working Group shall facilitate, 
encourage, and provide coordination for agencies in such areas as: (1) 
development of programs that employ alternative means of dispute 
resolution, (2) training of agency personnel to recognize when and how 
to use alternative means of dispute resolution, (3) development of 
procedures that permit agencies to obtain the services of neutrals on an 
expedited basis, and (4) recordkeeping to ascertain the benefits of 
alternative means of dispute resolution. The Working Group shall also 
periodically advise the President, through the Director of the Office of 
Management and Budget, on its activities.
    The Regulatory Working Group established under section 4(d) of 
Executive Order 12866 is designated under 5 U.S.C. 569(a) as the 
interagency committee to facilitate and encourage agency use of 
negotiated rulemaking.
    This directive is for the internal management of the executive 
branch and does not create any right or benefit, substantive or 
procedural, enforceable by a party against the United States, its 
agencies or instrumentalities, its officers or employees, or any other 
person.
                                            William J. Clinton