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Access to Neutrals -- |
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Providing Experienced
Neutrals to Meet Public Needs
Restatement
submitted by: Federal Mediation and Conciliation Service To meet the increased demand for neutrals and for alternative
dispute resolution services and employment-related conflict resolution, FMCS is
proposing a first-of-its kind registry of private-sector mediators. Outlined
in a May 5 Federal Register notice, the regulation proposed to launch the Access to
Neutrals initiative will lead to a public registry of private-sector mediators whose
credentials and experience have been reviewed and evaluated by FMCS. The
Access to Neutrals program, three years in the making, has been announced in a
Federal Register notice that opens a 60-day public comment period. If overall public
reaction is favorable,
a second Register notice -- reflecting revisions determined appropriate and necessary in
light of the comment received -- will appear this summer, with applications being made
available to interested private-sector neutrals as early as next fall. The registry
itself could be operational and accessible to the public early in 2004. “This
is an important program,” said FMCS Commissioner Peggy McNeive, the acting director
of the Access to Neutrals initiative, “because the agency needs to find ways to meet
the increased demand for neutral mediators and for alternative dispute resolution
services. As we studied this problem, it became clear to ourselves, our clients and our
stakeholders that ready access to a pool of professional, private-sector neutrals equipped
to handle workplace and organizational disputes arising outside of the collective
bargaining arena would have great value. Federal mediators, of course, will continue to
take on employment mediation assignments as well as their traditional collective
bargaining roles and responsibilities.” The Access to Neutrals registry will be
filled by professional private-sector neutrals – mediators, lawyers and others –
who can demonstrate a combination of education, training and experience that meets
standards set by FMCS for resolution of employment, public policy or multi-party
regulatory negotiation disputes. “From the perspective of improving
the way government works,” said FMCS Director Peter Hurtgen, “the Access to
Neutrals initiative has the potential to deliver benefits in several ways. By using our
web site and the Internet as the principal channel for both applying to become a registry
member and to access the registry for the names and qualifications of approved neutrals,
we’re promising ease of access to this service and promoting the concept of
e-government. And by setting criteria for membership that emphasize education, training
and experience, we’re making ourselves accountable for the quality of this list. We
expect the best-practice approach to mediation that’s the hallmark of our
professionals will be adopted by this group as well.” FMCS officials expect to publish an
initial registry of 200 or more neutrals, culled from an applicant pool that could exceed
1000. Individuals who are included on the registry must agree not to engage in labor
relations work as an advocate. Additionally, registry neutrals will have to abide by
informational, ethical and continuing education requirements established by FMCS, and be
willing to participate in a consumer complaint process. Registry Applicants To Be Rated on
Point Scale Applicants will be required to fill out
a questionnaire that asks for detailed information about their education, professional
credentials, dispute resolution training, workplace and other conflict resolution
experience, and specific case work. The applications will be evaluated on a point basis,
and applicants will not be considered eligible for the registry unless FMCS determines
they have received a minimum of ten points based upon a scoring system that will shared
with applicants as they begin to fill out the
online form. The application fee will be $250, said McNeive, and successful applicants
will pay an annual renewal fee each year to remain on the registry. Applicants will be
able to do an online self-assessment, said McNeive, prior to filing the application in
order to determine whether they're likely to meet the minimum qualifications. "We
don't want anyone to feel as if they've wasted their time or money," said McNeive. “The program is designed to be
self-sustaining,” said McNeive. “The review and scoring of each application will
be labor-intensive and time-consuming, so our fee will be justified on that alone. But we
also are certain that registry membership will be of value to any private-sector neutral
who qualifies.” When up and running in 2004, the
registry will be accessible to clients through the FMCS web site. Each client will be
asked to register as well, and indicate the purpose or case for which neutrals are needed.
“We want to screen out casual visitors from those customers with legitimate
professional interest,” said McNeive. Online, a panel of five-to-seven neutral will
be available without charge. If, however, a client requires FMCS staff assistance in
selecting or receiving a panel, a fee will be charged for that service. The May 5, 2003 Federal
Register Notice To read the full text of the
May 5, 2003 Federal Register notice, please visit: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-10959.htm
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