130
14 CFR Ch. I (1–1–19 Edition)
Pt. 17, App. A
(b) ADR conducted under this sub-
part is subject to the confidentiality
requirements of § 17.39.
A
PPENDIX
A
TO
P
ART
17—A
LTERNATIVE
D
ISPUTE
R
ESOLUTION
(ADR)
A. The FAA dispute resolution procedures
encourage the parties to protests and con-
tract disputes to use ADR as the primary
means to resolve protests and contract dis-
putes, pursuant to the Administrative Dis-
pute Resolution Act of 1996, Public Law 104–
320, 5 U.S.C. 570–579, and Department of
Transportation and FAA policies to utilize
ADR to the maximum extent practicable.
Under the procedures presented in this part,
the ODRA encourages parties to consider
ADR techniques such as case evaluation, me-
diation, or arbitration.
B. ADR encompasses a number of processes
and techniques for resolving protests or con-
tract disputes. The most commonly used
types include:
(1)
Mediation.
The neutral or compensated
neutral ascertains the needs and interests of
both parties and facilitates discussions be-
tween or among the parties and an amicable
resolution of their differences, seeking ap-
proaches to bridge the gaps between the par-
ties’’ respective positions. The neutral or
compensated neutral can meet with the par-
ties separately, conduct joint meetings with
the parties’’ representatives, or employ both
methods in appropriate cases.
(2)
Neutral Evaluation.
At any stage during
the ADR process, as the parties may agree,
the neutral or compensated neutral will pro-
vide a candid assessment and opinion of the
strengths and weaknesses of the parties’’ po-
sitions as to the facts and law, so as to facili-
tate further discussion and resolution.
(3)
Binding Arbitration.
The ODRA, after
consultation with the United States Depart-
ment of Justice in accordance with the pro-
visions of the Administrative Disputes Reso-
lution Act offers true binding arbitration in
cases within its jurisdiction. The ODRA’s
Guidance for the Use of Binding Arbitration
may be found on its website at:
http://
www.faa.gov/go/odra.
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