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.)