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HomeAbout UsMission & ValuesThe Agency helps build better relationships through joint problem-solving and constructive responses to inevitable conflict.Our HistoryAgency DepartmentsOffice of the DirectorOffice of Procurement and Operational SupportOffice of Human ResourcesOffice of BudgetOffice of Information TechnologyOffice of FinanceOffice of the General CounselOffice of Field Operations (Regional)Office of Client ServicesOffice of Field Operations (National)Office of National ProjectsOffice of Conflict Management & Prevention/InternationalCenter for Conflict Resolution EducationOffice of Field AdministrationOffice of Policy and StrategyOffice of Congressional and Public AffairsOffice of Equal Employment Opportunity (EEO)LocationPhone: (202) 606-8100 
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Home/Resources/FAQs FAQsD2023-10-11T08:52:06-04:00						FAQsArbitration FAQsGrant FAQsGrievance Mediation FAQsCollective Bargaining Mediation FAQsCollective Bargaining Mediation FAQsNotices & Filings FAQsEffective Contract Administration FAQOrganizational Development FAQLabor-Management Partnership FAQRepairing Broken Relationships FAQWorkplace Mediation FAQAdministrative Program Dispute FAQFacilitation FAQDispute Resolution Systems Design FAQRegulatory Negotiations FAQPublic Policy Dialogues FAQShared Neutrals FAQArbitration FAQsHow do I request a panel of arbitrators from FMCS?Go tohttps://arbitration.fmcs.gov, login (or register as a “panel requestor” if you do not have a login) and provide the information for the request. Once you click “submit,” your request will be processed very quickly. (Note: If there are special requirements, agreed upon by both parties, that are not options on the online system, you will need to download the PDF version of the R-43 form found in our Resource area and fill it in. If using the PDF, please scan and submit to arbitration@fmcs.gov. Panel requests submitted online with email panel delivery to both parties cost $100.00. Panel requests submitted via the PDF form, and/or panel requests requiring postal or fax delivery incur a charge of $175.00.Is there a charge for other FMCS Arbitration services such as for a list with biographies of arbitrators in a particular area?The fee for supplying a specified list of arbitrator biographies other than through a panel request is $175.00 (Note that such a list does not open a case and FMCS has no further involvement in the case).
The fee for opening a case and requesting a panel of arbitrators submitted through our online system is $100.00.
The fee for requesting a panel for “manual” processing by our staff is $175.00.
The fee for making a direct appointment, if a specific arbitrator is requested by both parties, is $100.
More information can be found here: https://www.fmcs.gov/services/arbitration/From where will the arbitrators for a panel be selected?FMCS has three location designations from which parties may select arbitrators:
Metropolitan (requestor may choose either a 60 or 125-mile radius of the site of the dispute);
Sub-Regional (within a 250-mile radius of the site of the dispute; or
Regional (as shown on the arbitration regional map).
Nationwide panels may be specified only by express agreement of both parties and must be processed by FMCS staff.Note: If there are not a sufficient number of arbitrators based on geographic and other specifications, the system will notify and allow the requestor to bump up to the next larger geographic area
.What happens after FMCS provides a panel of arbitrators?The parties must inform FMCS of their mutual selection (through striking of names or otherwise); if the parties use a “priority ranking” method, each party must provide FMCS with their ranked list of preferred choices (“Priority Ranking”) so that we may determine the highest jointly-ranked arbitrator. (You must submit your contract language if you use the Priority Ranking method.) We will then appoint the arbitrator and instruct him/her to contact the parties and arrange for a hearing date. (FMCS Rules require that arbitrators contact the parties within 14 days of their appointment to schedule a hearing.) The arbitrator works directly with the parties to schedule a hearing date.What if I have any questions regarding a case?The Case Administrator who is identified on the panel sent to the parties is the person to contact regarding any questions concerning your arbitration panel. Contact the Supervisor of Case Administrators or the Director of Arbitration regarding more complicated matters or with complaints about FMCS services.What are the requirements for admission to the FMCS Roster of Arbitrators?To be admitted to the Roster, an applicant must be experienced, competent, and acceptable in decision-making roles in the resolution of labor disputes. Applicants must a detailed application**,** five labor arbitration awards, and five references. In lieu of the five awards, qualified applicants could successfully complete the FMCS “Becoming a Labor Arbitrator” training course, sponsored by the FMCS Institute, within five years immediately preceding the date of application, and submit **two** arbitration awards as described above. This 40-hour course is geared toward labor management practitioners with substantial experience in labor relations and collective bargaining disputes who wish to become labor arbitrators.   For more details on application and admission to the Roster, see the Information on joining the Arbitrator Roster.May the parties jointly request FMCS to appoint an arbitrator without receiving a panel?Yes, this is called a direct appointment by joint request. The charge for this service is $100.What are the sources to learn about an arbitrator’s rulings?There are three sources of which we are aware:
Labor Arbitration Information System, Axon Group/LRP Publications, 360 Hiatt Drive, Palm Beach Gardens, FL 33418, (800-341-7874).
CCH, Inc., Attn: Jackie Salman, 2700 Lake Cook Road, Riverwoods, IL 60015,
Commerce Clearing House, 10100 Martin Luther King, St. Petersburg, FL 33716, (813) 576-3189 ext. 779.What responsibilities do arbitrators have once selected from an FMCS panel?FMCS rules require an arbitrator to contact the parties within 14 days of the appointment to schedule a hearing. Arbitrator decisions are to be made no later than 60 days from the date of the closing of the record, as determined by the arbitrator, unless otherwise agreed upon by the parties or specified by the collective bargaining agreement or law. Also, arbitrators must notify the parties of any delay in rendering the decision and request an extension. Arbitrators are also required to notify FMCS as soon as they know they must seek a delay.Why should the parties notify FMCS of an appointment of an arbitrator if the agency issued the panel?The parties should notify FMCS of an arbitrator appointment so that the agency can intervene on the party’s behalf should there be delays by the arbitrator in scheduling or rendering a decision or allegations of violations of FMCS Arbitration Policies and Procedures and The Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. FMCS has no authority to get involved in “private” arbitration matters, even if the arbitrator serves on the FMCS Roster.Can parties withhold payment to an arbitrator if a decision is appealed?FMCS does not support parties withholding payments to arbitrators if the case is appealed. If the collective bargaining agreement stipulates, “loser pays all” FMCS’ position is that it is the responsibility of both parties to ensure that the arbitrator is paid once the decision is rendered.What can the parties do if an arbitrator has an overdue award?FMCS strongly encourages the parties to inform FMCS of arbitrators who have not delivered an award within 60 days of closing of the record or within the timeframe otherwise provided in the collective bargaining agreement or by mutual agreement of the parties. The Agency will not disclose to the arbitrator which party lodged the complaint.What should a party do if they believe an arbitrator has violated FMCS Policies or The Code of Professional Responsibility?FMCS strongly encourages a party or parties to an FMCS case to notify the agency if they believe an arbitrator may have violated either the FMCS Arbitration Policies and Procedures or The Code of Professional Responsibility for Arbitrators of Labor-Management Disputes. To discuss your concerns, you may contact Arthur Pearlstein, the Director of Arbitration at 202-606-5111. To file a formal, written complaint, please send your complaint to the Director of Arbitration, 250 E Street Southwest, Washington, DC 20427 or via email at apearlstein@fmcs.gov.You must cite the section of the Code or FMCS policy you believe the arbitrator has violated. All complaints are carefully examined and may be referred to the Arbitrator Review Board.Notices and Filings FAQsWhen are we required to file a notice of bargaining with FMCS?In the private sector, no modification or termination of an existing collective bargaining agreement is permitted unless the party wishing to modify or terminate notifies the other party at least **60** days prior to expiration and, within **30** days after notice to the other party, notifies FMCS and applicable state mediation agencies. When a **healthcare institution is involved**, the notice times are extended to **90** and **60** days respectively. Also when a healthcare institution is involved, where the bargaining is for an initial agreement following certification or recognition, at least 30-days-notice of the existence of a dispute must be given by the labor organization.Does our notice of bargaining have to be in writing?FMCS regulations require that the notices to us be in writing. FMCS provides a form (F-7) for the required notification and it is easy to submit it online at https://www.fmcs.gov/f-7-notice-submission-form/.What section of the Act requires the parties to file notice?Section 8(d) of the National Labor Relations Act requires parties to a contract to notify the FMCS of upcoming contract expiration.What are the requirements for filing a strike notice in a health care case?Section 8(g) of the Act requires 10 day notification of intention to strike or picket any any health care institution. This includes picketing of any kind, or short-lived work stoppages. The purpose of this provision is to allow the health care institution sufficient time to plan for patient care and to give mediation agencies an opportunity to resolve the dispute before patient care is adversely impacted by a work stoppage.
**10 days prior to a union’s intent to strike or picket a health care institution, the union must:**
prepare, in writing, a letter explaining the date and time that the strike or picketing will begin;
serve it on the employer; and
send a copy to the FMCS.Can FMCS tell me whether my notice was filed on time?Because of the legal issues involved in an 8(g) case, we cannot tell you whether your notice was timely filed. We can tell you whether we are in receipt of the notice, and inform you of the date we received it.Grant FAQsHow much money is available for grants in Fiscal Year 2024?The amount available for grant funding in FY2024 has not yet been determined.What do I need to do to apply for a grant?Please consult the FMCS web site (www.FMCS.gov) to download forms and information.  You may obtain additional information from our Grants Office by calling (202) 606-8181 or contact Linda Gray-Broughton at lgbroughton@fmcs.gov.What is the application deadline?If grant funding is available, generally applications are accepted between March and May annually.Can project income be used as a match?No. Funds generated by grant-supported efforts are considered “project income” and may not be used for matching purposes.Can an organization working under a federal contract use contract monies as matching funds?All matching funds may come from state or local government sources or private contributions, but may not generally include other federal funds.When will I know if my application is selected for an award?The Grants Office will contact awardees.Must the labor-management committee represent union members in order to receive a grant?YesCan a mediator help a labor-management committee with its grant proposal?No. A mediator may not help the labor-management committee prepare its grant proposal. However, a mediator may explain the grants program in general and discuss prior successful grant projects.What is the Federal Assistance Listing number for the grants program?The Federal Assistance Listing number for the Labor-Management Cooperation Grant Program is 34-002.Can an independent consultant who works on the grant applications also perform grant-funded services?No. An independent consultant cannot perform services funded by that grant (i.e., project facilitation, project evaluation) under a separate contract. This practice is in violation of Federal Contract Law. In any case, FMCS encourages labor and management parties to develop their own grant applications together. The citations for the prohibition on a consultant who prepared the grant from then bidding for work or positions contained in the grant are 48 CFR section 9.5 and OMB Circular 2 CFR 200.If my grant proposal is not selected, may I re-apply in the future?YesIf an applicant received funding under this program before, are they eligible to re-apply?Applicants who received funding under this program in the last six years for committee operations are not eligible to re-apply. The only exception will be made for grantees that seek funds on behalf of an entirely different committee whose efforts are totally outside of the scope of the original grant.Collective Bargaining Mediation FAQsBy what statutory authority does the FMCS provide collective bargaining mediation services?Under the Labor-Management Relations Act of 1947, FMCS provides free mediation services in contract negotiation disputes between employers and their unionized employees.What is collective bargaining mediation?Collective bargaining mediation is the voluntary process in which a third-party neutral assists labor and management in to reach agreement on a negotiated collective bargaining agreement.How does FMCS become involved in collective bargaining negotiations?FMCS mediators communicate with both labor and management parties to a collective bargaining agreement prior to the start of negotiations. This communication begins when one or both of the negotiating parties files an F-7 Notice of Bargaining, a legally-required notice of intent to open a collective bargaining agreement. At the request of both parties a mediator can provide assistance.What is the role of a mediator in collective bargaining negotiations?During negotiations, a mediator uses his/her knowledge of the industry, similar negotiated settlements, the parties, and the issues to guide negotiators past potential barriers to settlement. Mediators may offer procedural or substantive suggestions and recommendations throughout the process. However, a mediator does not have authority to impose a settlement or to determine contract terms.Is there a cost for FMCS collective bargaining mediation services?No. The FMCS receives appropriated funding to provide its labor-management services. There is no charge to the parties for collective bargaining mediation.Does the FMCS provide mediation of negotiations by alternative bargaining models?Yes. FMCS mediators are well versed in a number of alternative bargaining models, including: Modified Traditional Bargaining, Issues and Interests Bargaining, Critical Issues Bargaining, Expedited Bargaining, Interest-Based Bargaining, and Affinity Approach Economic Bargaining. If you are interested in using an alternative approach in negotiations, contact a mediator to discuss which method will be most productive for your negotiations.If I have to file a charge, can I ask a mediator to testify regarding the bargaining sessions, or during a grievance mediation?Under no circumstances will a mediator testify at any proceeding (court, administrative, or arbitration) about any discussions that occurred during mediation. This is the case with collective bargaining mediation, or mediation of grievances, or employment disputes. Even if a subpoena is served, the FMCS will move to quash the subpoena and will engage in every effort to avoid testimony of mediators at any proceeding.Will a mediator at least talk to an investigator from the NLRB or a local/state agency about the conduct at negotiations?No. A mediator will not speak to any investigator from any state or federal agency inquiring about the content of a mediation in which he/she was involved.If a mediator appears to be biased, where do I file a complaint?If you have any concerns regarding a mediator, please contact the Field Operations Manager in the mediator’s region. The Field Operations Manager will respond to you.Alternative Bargaining Processes FAQsWhat models are included?– Modified Traditional Bargaining
– Critical Issues Bargaining
– Issues and Interests
– Expedited Bargaining
– Interest Based Bargaining
– Affinity Economic BargainingIs there a cost for the FMCS collective bargaining mediation services?No. The FMCS receives appropriated funding to provide its labor-management services. There is no charge to the parties for collective bargaining mediation using an alternative bargaining model or training associated with an alternative bargaining model.How long does a collective bargaining negotiation using an alternative bargaining model take in comparison with a more traditional approach?Expedited and Critical Issues bargaining are less time consuming than traditional bargaining. Additionally, the other collaborative models typically take no longer than traditional bargaining as they greatly reduce caucus time and maximize face-to-face constructive dialogue.How do I know if an alternative bargaining model is appropriate in my negotiations?FMCS will assist the parties by conducting an on-site needs assessment to determine an appropriate bargaining model.Grievance Mediation FAQsHow is grievance mediation different than arbitration?In grievance mediation, parties are responsible for determining the resolution of the matter at hand. Rather than making a binding decision as an arbitrator would, a mediator guides parties to their own mutually-acceptable resolution of the grievance by identifying the underlying interests of labor and management and exploring potential avenues of settlement.When does grievance mediation typically occur?Most collective bargaining agreements provide for grievance procedures culminating in arbitration. Grievance mediation is a voluntary step after the parties have exhausted internal procedures and before arbitration. The FMCS may require that parties waive any time limits in their collective bargaining agreement if grievance mediation is to occur.What matters are appropriate for grievance mediation?The FMCS can mediate most grievances, whether based on a disciplinary action or on a question of contract interpretation. It is the goal of the Agency that the grievance mediation process will assist parties in improving their working relationship.How can labor and management make the grievance mediation process more successful?Parties engaging in open honest dialogue with a mediator about their positions, interests, and goals will assist the mediator in the grievance mediation process. Additionally, the FMCS can provide training to maximize grievance mediation results and effectively negotiate grievance mediation settlements by an expansion of mediation goals and a joint focus on labor and management problem solving.How do you request grievance mediation?Labor or management can contact the FMCS Director of Mediation Services or a federal mediator in their area to discuss the type of assistance the FMCS can provide and to make a formal request for grievance mediation. In its formal request, labor and management must submit a signed, joint request to the FMCS asking for grievance mediation services. Formal written requests should provide a very brief description of the issues and the geographic location of the parties.
Not every matter is appropriate for grievance mediation. The FMCS reserves the right to decide whether or not it will offer its services. Filing a request with the FMCS does not commit the Agency to offer services. All involved parties must sign the FMCS Grievance Mediation Agreement before a grievance mediation can begin.Is there a cost for FMCS grievance mediation services?No. The FMCS receives appropriated funding to provide its labor-management services. There is no charge to the parties for grievance mediation.Is grievance mediation the same as workplace mediation?No. Grievance mediation occurs as a supplemental step in a contractually-negotiated grievance procedure. By contrast, workplace mediation does not involve a grievance. Instead, it may pertain to a discrimination or other workplace complaint outside the context of a collective bargaining agreement.Effective Contract Administration FAQsWhat topics are typically covered in a contract administration training?FMCS contract administration training is tailored to the specific needs of the requesting parties. Topics often included are:
• Leadership Roles and Responsibilities
• History of Labor-Management relations
• Collective Bargaining
• 7 Tests of Just Cause & Past Practice
• Contract Administration Roles and Responsibilities
• Grievance Mediation and Handling
• Fostering Labor-Management Dialogue
• ArbitrationWhat is the ideal audience for the FMCS contract administration training?The FMCS recommends labor-management groups jointly attend this and all trainings. However, understanding this is not always possible contract administration training can be delivered to stewards and supervisors together or separately. The program can be tailored to suit those in a new bargaining relationship or negotiating an initial contract, new leaders in an existing labor-management relationship, or experienced labor-management partners interested in a skills refresher and an update on the latest developments in administrative practices.Is there a cost for FMCS contract administration training?No. The FMCS receives appropriated funding to provide its labor-management services. There is no charge to the parties engaged in a labor-management relationship for the FMCS training.How long is the contract administration training?Both the subject matter and the timeframe for this training can be tailored to the needs of the parties. Typically, contract administration training will take 4-6 hours.Labor-Management Partnership FAQsWhat is Committee Effectiveness Training?FMCS Committee Effectiveness Training (CET) is a program designed to help labor-management groups of all types: area and industry committees, steering committees, work teams, taskforces, and employee advisory groups. The program provides committee members the opportunity to acquire the knowledge and skills necessary for effective contributions in group settings, and thus enable group goals to become reality. CET is a needs-based program. Potential program participants will be required to complete a needs assessment that will enable the mediator to tailor the workshop to the specific needs and time constraints of the group.What topics will Committee Effectiveness Training cover?Program topics will be determined by discussions with potential participants and a needs assessment. Core topics include:
 Effective planning
 Effective meetings
 Brainstorming
 Group problem solving
 Consensus decision-making
 Communicating with constituents
 Interest-based problem solving
 Effective dialogue management and recording
 Understanding yourself and others
 Interpersonal skills
 Group dynamics and shared leadership
 Active listening techniques
 Action planningWhat is the Labor-Management Partnership Program?The FMCS Labor-Management Partnership Program is a training designed for joint labor management partners that highlights the benefits of labor-management cooperation and provides labor-management partners tools to develop or hone a partnership or committee.What topics are covered in the Labor-Management Partnership program?Program topics will be determined by discussions with potential participants and a needs assessment. Core topics include:
• Introduction to LMC/P
• Principles of LMC/P
• Structuring an LMC/P
• Skills BuildingWhat is the ideal audience for the Labor-Management Partnership program?The program is intended for federal, public, and private sector labor-management partners. Core concepts in the course are the same for all audiences. However, training in the federal sector includes discussion on the legal basis of partnerships.What is the basis of the Labor-Management Approaches to Solving Mutual Problem program?This program is meant to deliver an orientation to joint labor-management initiatives. The program will lead labor and management leaders through an examination of the philosophy and values that form the foundation of labor-management cooperation. Participants will study examples of companies and unions that have successfully implemented cooperative labor-management relationships and transformed previously toxic relationships. Additionally, the program will afford participants a chance to engage in a mediator-facilitated dialogue regarding potential cooperative labor-management programs within their own organizationWhat are the goals of the Labor-Management Approaches to Solving Mutual Problem program?This program will spend considerable time assisting labor-management partner participants to develop mutual goals and to outline a strategic plan to achieve those goals. Overall program goals include:
• Acquainting the parties with the forces that drive change in a labor-management relationship
• Educating the parties about how joint cooperative approaches may assist them to adapt to changeOrganizational Development FAQsWhat topics does the Partners-In-Change program explore?Program topics will be determined by discussions with potential participants and a needs assessment. Incorporating the needs and goals of the participants, program delivery will include:
• Analyzing the organization’s current cultural, political, and technical systems
• Exploring the elements of a high performance workplace
• Identifying separate and joint held perceptions of the organization
• Creating a joint vision of the future
• Initiating a joint change process
• Developing necessary skills to bring about the desired changeWho are the ideal participants for the Partners-In-Change program?The PIC program is based on three principles:
1. Change must be managed proactively, not passively
2. People must be treated in a fair and positive manner
3. New skills are required for an organization to manage change
With these principles in mind, the Partners-In-Change program is designed as a joint training for an organization’s labor-management leadership, supervisors, and stewards. An organization’s labor relations professionals and union representatives, individuals who handle labor issues face-to-face, should be involved. Additionally, due to the visioning and planning components of the program it is essential that an organization’s top labor and management decision makers participate in the entire program.Repairing Broken Relationships FAQsWhat is the structure of the Relationships-By-Objectives program?Program topics will be determined by discussions with potential participants and a needs assessment. Incorporating the needs and goals of the participants, program delivery will include:
• Introduction to the RBO process
• Identification of viewpoints, concerns and conflict
• Skills building
• Transforming viewpoints and concerns into action
• Developing an action plan
• Identifying mutual next steps
Through comprehensive training modules and structured interaction, the parties identify specific problem areas and develop mutually-agreeable objectives to address identified issues. Based on these mutually identified objectives facilitators assist the parties to establish a functional relationship that can be implemented in the workplace.Workplace Mediation FAQsWhat is the cost for FMCS workplace mediation services?The FMCS does not receive appropriated funding for the workplace mediation. An Agency will be charged only for mediator professional time and expenses associated with service delivery. Mediator professional time is charged at a rate of $800/day or $130/hour based on an inter-agency agreement between the FMCS and a requesting agency.How is this different than grievance mediation?Workplace mediation may involve any dispute outside a collective bargaining relationship suited to mediation. Examples of such disputes include discrimination complaints, inter-personal conflicts, workplace inefficiencies, and team conflict. In contrast, FMCS grievance mediation services involve the mediation of an active grievance in a collective bargaining agreement.Administrative Program Dispute FAQsWhat is the cost for FMCS administrative program dispute mediation services?The FMCS does not receive appropriated funding for the administrative program dispute mediation services it provides. An Agency will be charged only for mediator professional time and expenses associated with the service delivery. Mediator professional time is charged at a rate of $800/day or $130/hour based on an inter-agency agreement between the FMCS and a requesting agency.How is administrative program dispute mediation different than workplace mediation and grievance mediation?Administrative program dispute mediation involves the mediation of disputes with federal agencies arising from the agencies’ administrative, regulatory, or enforcement interactions with public or private entities. In contrast, workplace mediation may involve any dispute an employee of an agency has with his or her employer, outside a collective bargaining relationship suited to mediation. FMCS grievance mediation involves the mediation of an active grievance under a collective bargaining agreement.Facilitation FAQsWhat techniques make FMCS facilitation effective?FMCS facilitators rely on their expertise with communication principles, interest-based problem solving, and dispute resolution. Facilitators keep groups working toward group goals, maintain focused group conversation, monitor adherence to group rules of engagement, and frame, paraphrase, clarify, and synthesize group ideas.What types of facilitation does the FMCS provide?FMCS offers facilitation for:
• Workforce Engagement
• Leadership Alignment
• Team and workgroup facilitation
• Small or Large Group Problem-Solving
• Agency Cooperation and Collaboration
• Negotiated Rulemaking
• Public Policy DialoguesWhat is the cost for FMCS facilitation?If a facilitation involves labor-management partners and a dispute that will potentially impact a labor-management relationship FMCS appropriated funds covers the cost of the facilitation services. However, if the facilitation occurs outside a labor-management relationship, the FMCS does not receive appropriated funding. In these instances, an agency will be charged only for mediator professional time and expenses associated with the delivery of mediation services. Mediator professional time is charged at a rate of $800/day or $130/hour based on an inter-agency agreement between the FMCS and a requesting agency.Dispute Resolution Systems Design FAQsHow does the dispute systems design process work?Mediators begin with a needs assessment, diagnosis, and, ideally, a site visit. A systems design will also include a “procedures audit,” to study how issues and problems are currently resolved within an organization, available improvement paths, and a detailed plan for the implementation, maintenance, and evaluation of a new dispute resolution system.What is the cost for FMCS dispute system design services?The FMCS does not receive appropriated funding for the dispute system design services it provides. An Agency will be charged only for mediator professional time and expenses associated with the delivery of mediation services. Mediator professional time is charged at a rate of $800/day or $130/hour based on an Inter-Agency Agreement between the FMCS and a requesting Agency.Regulatory Negotiations FAQsWhat is the history of FMCS involvement in regulatory negotiations?In the 1980s, FMCS facilitated the first regulatory negotiation; the negotiation involved the Federal Aviation Administration. FMCS involvement in regulatory negotiations, as a convener and facilitator, expanded throughout the decade, with the Agency facilitating negotiations at the Department of Transportation, the Department of Agriculture, the Department of Labor, and other federal agencies. This year, the FMCS facilitated a rulemaking at the Department of Energy that resulted in the largest energy-savings from a single DOE rulemaking in history.Under what statutory authority is the FMCS involved in regulatory negotiations?The Negotiated Rulemaking Act of 1990 and the Administrative Dispute Resolution Act of 1996 authorize the FMCS to provide its mediation and facilitation services to improve government operations and to assist agencies in regulatory negotiations.How does the regulatory negotiation process, and FMCS involvement in the process differ from a traditional rulemaking?In traditional rulemaking, agency personnel draft a new regulation with minimal outside input and publish the draft regulation in the Federal Register for public comment. This process often leads to criticism of the proposed rule and legal challenges by those impacted.
By contrast, in the regulatory negotiations stakeholders potentially impacted by a regulation collaborate with a regulatory agency to negotiate a proposed rule or regulation by consensus. Bringing interested stakeholders into the process of rule creation assists in the drafting of an efficient and effective rule. Additionally, since stakeholders who will be regulated have taken part in the negotiation process, subsequent legal challenges of a rule are less common.Public Policy Dialogues FAQsUnder what statutory authority can the FMCS assist in public policy discussion?FMCS is often called upon to facilitate public policy discussions under the Federal Advisory Committee Act (FACA). This Act established a wide array of public-private stakeholder advisory committees intended to discuss public policy concerns and to inform public policy decision makers as well as establish and oversee meeting processes.Shared Neutrals FAQsWhat is the Shared Neutrals program?The Shared Neutrals program (SN) allows agencies to receive mediation at no charge for disputes occurring in their agencies. SN uses a pool of trained collateral duty federal employees who provide mediation services to agencies other than their own in exchange for the same services to their agency.  Providing mediators across agency lines supports fundamental mediation principles such as neutrality and confidentiality because the mediators are outsiders to the agencies where they are mediating.Who administers the SN programs?The principal SN program for the national capital region is operated by FMCS as of December 3, 2018. Outside of the DC metropolitan region, the 21 existing SN programs are administered by one of the local Federal Executive Boards (FEBs) or a member agency of one of those FEBs (e.g., The Minneapolis SN Program is administered by the Department of Interior. The Atlanta program is administered by the CDC.) FMCS will be offering to administer any of the regional programs for any FEB or administering federal agency that elects to use our services.What is a co-mediator?A co-mediator is trained in basic mediation skills but has limited mediation experience. SN maintains a registry of co-mediators who team with those who have mediated at least three cases. After a mentoring period, and successful completion of three mediations, co-mediators are eligible to become lead mediators.Which areas have SN programs?In addition to the DC-based program for the National Capital/Baltimore region, the following have SN programs:
Atlanta, Baltimore, Boston, Chicago, Cleveland, Colorado, Dallas-Ft. Worth, Detroit, Houston, Kansas City, Los Angeles, Minnesota, New Mexico, New Orleans, Oklahoma, Oregon, Philadelphia, Pittsburgh, San Antonio, San Francisco, Seattle, South Florida and Washington, DC.Is there information available on the web about the regional SN programs operated outside of the National Capital/Baltimore region?A number of collaborative and cooperative SN programs operate through local Federal Executive Boards.These programs allow participating Federal agencies, through reciprocal agreements, to share trained neutral mediators and other mediation resources. Please visit https://www.adr.gov/fai.html#snp for a listing of FEB Shared Neutrals Programs.How are SN mediators trained?Many have been trained by FMCS via a contract that FMCS has with the Office of Personnel Management (OPM).  Representative locations include Philadelphia, Detroit, Minneapolis, Pittsburgh, Chicago and Atlanta.  FMCS will be offering basic mediation training programs to fulfill the training requirement at no charge to participating agencies in the DC region and is currently in discussions with OPM to provide these trainings on at no charge other than for overnight travel if required.Who pays the costs of providing Shared Neutrals?Labor costs are not charged; agencies “pay” by making selected employees of their own available to other participating agencies as part of the pool.  Each local program has its own practices and procedures for covering travel expenses.  Consult your local program.What is required for someone to become an SN mediator?To participate in the DC-based program, all federal employee are potentially eligible as long as they have the written permission of their supervisor. In general, upon receiving supervisor permission, each new co-mediator must have received training via a 20-hour or 40-hour course; new applicants as of January 2019 must have received 40 hours of training from FMCS, another federal agency, or approved program, and at least two letters of reference. To become a lead mediator, a trained co-mediator must additionally: (1) provide two letters of reference from two qualified mediators or trainer/evaluators; and (2) have completed at least three co-mediations with a qualified mediator or five independent mediations with positive evaluations from qualified trainer/evaluators. Feedback on the co-mediator’s performance is used to determine when the transition to lead happens. Programs outside of the DC-based SN usually have similar requirements, but you should consult your local program for details.What ethical rules govern the SN program?SN programs are subject to the confidentiality provisions contained in Section 574 of the Administrative Dispute Resolution Act as amended in 1996 in addition to any other rules a local program may impose.  For example, the Washington, DC program has its Standards of Practice for Shared Neutrals which contain very familiar provisions.  If outside the DC-based region, consult your local program for details. Participating agencies and neutrals should also check with their counsel’s office and/or ADR program office regarding ethical requirements that may be applicable to neutrals.How is a mediator’s performance assessed?Following mediation, the parties provide feedback on the shared neutrals’ performance and the mediation process by completing a user survey. (Here is a sample survey .) The lead mediator completes the mediation report stating the outcome of the case and also commenting on the performance of the co-mediator.ResourcesFMCS Calendar
Forms & Applications
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Notice to FMCS of Upcoming Collective Bargaining (F-7)
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Documents and Data
Multi-Media
FMCS 101 Video Series
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