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Website:  http://adr.navy.mil   Date: 10/14/2004   Time:  7:31:05 PM

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ADR Policy History

The Department of the Navy (DON), since at least the 1970s, has been actively engaged in finding alternatives for resolving disputes. In 1986, the first DON policy on Alternative Dispute Resolution (ADR) was issued, concluding, "every reasonable step must be taken to resolve disputes prior to litigation." The policy was supplemented in 1987 by a Memorandum from the Assistant Secretary of the Navy (Shipbuilding and Logistics), directing contracting officers to examine all disputes for the possibility of utilizing ADR procedures.

After the Administrative Dispute Resolution Act of 1990, the Secretary of the Navy appointed the Principal Deputy General Counsel (or the Associate General Counsel-Litigation) to serve as the DON Dispute Resolution Specialist. In June 1995, the Office of the General Counsel assigned a senior attorney to act as DON Deputy Dispute Resolution Specialist to facilitate day-to-day ADR activity, stimulate the development of new ADR initiatives, and coordinate efforts with the ADR programs of other military departments and agencies.

On December 11, 1996 the DON issued the current ADR Policy, SECNAVINST 5800.13. In November 1997, the General Counsel reassigned responsibility for acting as the DON Dispute Resolution Specialist to the Deputy General Counsel and appointed a Deputy Dispute Resolution Specialist.

 

1986

Secretary of the Navy Memorandum creating the Department of the Navy Alternative Disputes Resolution Program (early DON ADR policy)

1990

Administrative Dispute Resolution Act of 1990, 5 U.S.C. §§ 571-583, Pub. L. 101-552 as amended (Established the federal policy on the use of ADR. This Act sunsetted in 1995 and was then replaced with ADRA of 1996.)

1995

Department of Justice Order OBD 1160.1 Promoting the Broader Appropriate Use of Alternative Dispute Resolution Techniques released Spring 1995 (Established the Department of Justice policy on the use of ADR.)

Equal Employment Opportunity Commission Policy Statement EEOC: Alternative Dispute Resolution Policy, dated July 17, 1995 (Established the EEOC policy on the use of ADR.)

Executive Order 12979 Agency Procurement Protest dated October 25, 1995 (Requires the use of ADR in agency bid protest process.)

1996

Administrative Dispute Resolution Act of 1996, 5 U.S.C. §§ 571-583, Pub. L. 104-320 as amended (Establishes federal ADR policy).

Department of Defense Directive 5145.5 Alternative Dispute Resolution (Establishes the Department of Defense policy on the use of ADR.)

Secretary of the Navy Instruction (SECNAVINST) 5800.13 "Alternative Dispute Resolution" (Establishes the Department of the Navy ADR policy.)

Executive Order 12988 Civil Justice Reform dated February 5, 1996 (Requires the review of litigation for possible use of ADR.)

Federal Acquisition Regulations Part 33 (Regulatory implementation for the use of ADR in the contract disputes arena.)

1997

General Counsel Policy on the Use of Bench Decisions before the Armed Services Board of Contract Appeals. (Encourages OGC attorneys to use the ASBCA bench decision process in appropriate cases.)

1998

1 May 1998 Presidential Memorandum, Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking. (Creation of Interagency ADR Working Group working under the direction of the Attorney General.)

Alternative Dispute Resolution Act of 1998.  28 USC §651 et seq. (Requires all federal district courts to provide at least one form of ADR.)

 



This web page was last updated on Thursday, September 16, 2004; at 10:58:41 PM


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About this Site: This is an official Department of the Navy website provided as a public service of the Office of the General Counsel in cooperation with the Deputy Dispute Resoloution Specialist. The Deputy Dispute Resoloution Specialist reports to the General Counsel of the Navy. Registered with GILS as: Department of the Navy Alternative Dispute Resolution Web Site. Before contacting us read our Privacy Policy.

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