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.