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Resolving Disputes by Managing Conflicts
Background
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 that "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. The instruction formally establishes the policy to use ADR “to the maximum extent practicable.” It delegates to the General Counsel the duty to name the DON Dispute Resolution Specialist and the Deputy Dispute Resolution Specialist. The instruction establishes the ADR Working Group to facilitate ADR program development and awareness. The instruction further requires Echelon I and II commands to:
- Issue local ADR guidance in consultation with the ADR Working Group;
- Designate the “Activity Dispute Resolution Specialist” who promotes and coordinates the use of ADR at the activity;
- Train selected personnel in the use and development of ADR procedures; and,
- Submit a yearly report of the command’s use of ADR to the Deputy Dispute Resolution Specialist.
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