[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Page 9868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4221]



=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Use of Alternative Means of Dispute Resolution; Policy Statement

AGENCY: National Science Foundation.

ACTION: Notice of policy statement.

-----------------------------------------------------------------------

SUMMARY: The National Science Foundation (the ``Foundation'') has 
developed a policy to address the use of alternative means of dispute 
resolution (ADR) within its administrative programs, as required by the 
Administrative Dispute Resolution Act, Public Law No. 101-552.

EFFECTIVE DATE: This policy statement is effective on February 22, 
1995. Because it is a general statement of policy and addresses 
internal agency procedures and practices, no prior notice or 
opportunity for public comment is required.

FOR FURTHER INFORMATION CONTACT: Lawrence Rudolph, Acting General 
Counsel and National Science Foundation Dispute Resolution Specialist, 
4201 Wilson Boulevard, Room 1265, Arlington, Virginia 22230, (703) 306-
1060.

SUPPLEMENTARY INFORMATION: On November 15, 1990, Congress enacted the 
Administrative Dispute Resolution Act (Public Law No. 101-552). The Act 
requires agencies to designate a senior official as its dispute 
resolution specialist and to adopt a policy addressing use of ADR in 
connection with an agency's administrative programs. Although the Act 
authorizes and encourages agencies to use ADR techniques as an 
alternative to traditional dispute resolution mechanisms, use of ADR is 
subject to agency discretion.

Paperwork Reduction Act Statement

    This policy statement contains no information collection 
requirements and therefore is not subject to the requirements of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.)

Foundation Policy on ADR

    The Foundation encourages the use of alternative methods of dispute 
resolution within its administrative programs. These methods, which 
include settlement negotiations, conciliation, facilitation, mediation, 
fact-finding, mini-trials and arbitration, provide alternatives to 
traditional adversarial proceedings. ADR techniques should be 
implemented in a way that will reduce costs and delays associated with 
adjudication, improve employee and constituent relations, and improve 
the efficiency and effectiveness of programs.
    An ADR Task Force reviewed the types of disputes arising at NSF and 
the Foundation's procedures for resolving them. The Task Force 
concluded that existing informal mechanisms for resolving disputes 
between NSF and grantees are effective and consistent with ADR 
processes. However, the Task Force did identify one type of dispute 
which could benefit from the use of ADR techniques--employee 
discrimination complaints related to equal employment opportunity. As a 
result, NSF will implement a voluntary mediation program for resolution 
of employment discrimination complaints filed by NSF employees, and 
will either train Foundation employees to mediate such disputes or rely 
on an inter-governmental pool of mediators. The Foundation will make 
every effort to ensure the confidentiality of information provided to 
all participants in an ADR proceeding, consistent with applicable laws 
and regulations.
    As circumstances change or new types of disputes arise, the 
Foundation will consider further use of ADR techniques. The Foundation 
encourages senior management officials to discuss other situations 
where ADR may be appropriate with NSF's Deputy General Counsel, who 
serves as the Foundation's Dispute Resolution Specialist.

    Dated: February 14, 1995.
Lawrence Rudolph,
Acting General Counsel and Agency Dispute Resolution Specialist.
[FR Doc. 95-4221 Filed 2-21-95; 8:45 am]
BILLING CODE 7555-01-P