Administrative law judges serving as neutrals do so in their official capacity as federal employees and cannot accept additional compensation of any kind from any participant. Administrative law judges at the Federal Energy Regulatory Commission have had substantial training in ADR procedures, including mediation, facilitation, mini-trials, and arbitration. Additionally, all administrative law judges are required to participate in ADR training each year. This training includes courses by Endispute, Catholic University College of Law, Dispute Management, Inc., the American Arbitration Association, etc. The success rate of FERC administrative law judges serving as neutrals has been extremely high.
Many benefits flow to participants opting to use an administrative law judge as an arbitrator.
Parties desiring to initiate dispute resolution procedures may at any time submit to the Secretary of the Commission a written proposal, with unanimous consent, to use alternative means of dispute resolution to resolve a matter in controversy before the Commission. The arbitrator must conduct the hearing expeditiously and make an award within 30 days after the close of the hearing or the date for the filing of briefs, whichever is later, unless the participants and arbitrator agree to some other time limit. The award in an arbitration proceeding will become final 30 days after it is filed by the participants with the Commission, unless it is vacated by the Commission. The Commission may extend this period for an additional 30 days. Ex parte rules apply to arbitral hearings.