+-----------------------------------------------------------------------+
| **Secretary Mineta\'s Statement of Policy on ADR**                    |
+-----------------------------------------------------------------------+
| ADR is a collaborative, consensual dispute resolution approach. It    |
| describes a variety of problem-solving processes that are used in     |
| lieu of litigation or other adversarial proceedings to resolve        |
| disagreements. ADR encompasses mediation, facilitation, conciliation, |
| fact-finding, mini-trials, negotiation, negotiated rulemaking,        |
| neutral evaluation, policy dialogues, use of ombuds, arbitration, and |
| other processes that usually involve a neutral third party who        |
| assists the parties in preventing, minimizing the escalation of, and  |
| resolving disputes. The efficient and effective use of ADR will help  |
| us resolve disputes at an early stage, in an expeditious,             |
| cost-effective, and mutually acceptable manner.                       |
|                                                                       |
| The Department of Transportation is committed to advancing our        |
| national transportation goals through alternative dispute resolution. |
| We will consider using ADR in all areas including workplace issues,   |
| formal and informal adjudication, issuance of regulations,            |
| enforcement and compliance, issuing and revoking licenses and         |
| permits, contract and grant award and administration, litigation      |
| brought by or against the Department, and other interactions with the |
| public and the regulated community.                                   |
|                                                                       |
| We will ensure that neutrals disclose any actual or potential         |
| conflicts of interest.                                                |
|                                                                       |
| We will provide learning and development opportunities for our        |
| employees so that they will be able to use conflict resolution        |
| skills, understand the theory and practice of ADR, and apply ADR      |
| appropriately.                                                        |
|                                                                       |
| We will use a variety of evaluation and assessment strategies to      |
| measure and improve our processes and our use of ADR.                 |
|                                                                       |
| We will allocate resources to support the use of ADR.                 |
|                                                                       |
| We will provide confidentiality consistent with the provisions of the |
| Administrative Dispute Resolution Act and other applicable Federal    |
| laws.                                                                 |
|                                                                       |
| The Department will attempt to incorporate ADR in its dispute         |
| resolution, or as appropriate, rulemaking processes. In addition,     |
| either on our own initiative or in response to a request, the         |
| Department will examine the appropriateness of using ADR on a         |
| case-by-case basis. ADR is voluntary and the Department will not      |
| impose its use on parties. The decision-making on when to use ADR     |
| should reflect sound judgment that ADR offers the best opportunity to |
| resolve the dispute. In appropriate disputes, the Department will use |
| ADR in a good-faith effort to achieve consensual resolution. However, |
| if necessary, we will litigate or participate in some other process   |
| to resolve a dispute.                                                 |
|                                                                       |
| We are committed to eliminating all barriers to equal opportunity for |
| all employees and persons who participate in our programs. A          |
| disability on the part of one or more parties otherwise willing to    |
| use ADR will not act as a bar to its use.                             |
|                                                                       |
| We will work together, internally and with external stakeholders and  |
| experts, to further ADR use across the Department. However,           |
| decision-making                                                       |
|                                                                       |
| on incorporating ADR into dispute resolution processes, using ADR to  |
| resolve a particular dispute, and allocating resources rests with the |
| Department\'s operating administrations, secretarial offices, or      |
| Office of the Inspector General.                                      |
|                                                                       |
| All employees and persons who interact with the Department are        |
| encouraged to identify opportunities for collaborative, consensual    |
| approaches to dispute resolution or rulemaking.                       |
+-----------------------------------------------------------------------+