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 a facilitator.
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. If participants desire an administrative law judge for the facilitator, they may request the judge of their choice in a request to the Chief Judge, and if available, that individual will be appointed. If the requested facilitator is not available, the participants will be informed by the Chief Judge and they can select another judge for the facilitator if they so desire. If the matter has been set for hearing, the written proposal to use ADR must be filed with the presiding administrative law judge, and the same procedures apply if the parties desire a particular judge. If negotiations before a neutral in a facilitation proceeding are not successful, the facilitator may terminate and return the matter for further disposition.