5 U.S.C. § 571: Definitions

“agency” has the same meaning as in section 551(1) of this title ; “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter; “alternative means of dispute resolution” means any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and use of ombuds, or any combination thereof; “award” means any decision by an arbitrator resolving the issues in controversy; “dispute resolution communication” means any oral or written communication prepared for the purposes of a dispute resolution proceeding, including any memoranda, notes or work product of the neutral, parties or nonparty participant; except that a written agreement to enter into a dispute resolution proceeding, or final written agreement or arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution communication; “dispute resolution proceeding” means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate; with the expressed intent of the source that it not be disclosed; or under circumstances that would create the reasonable expectation on behalf of the source that the information will not be disclosed; between an agency and persons who would be substantially affected by the decision; or between persons who would be substantially affected by the decision; “neutral” means an individual who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the controversy; for a proceeding with named parties, the same as in section 551(3) of this title ; and for a proceeding without named parties, a person who will be significantly affected by the decision in the proceeding and who participates in the proceeding; “person” has the same meaning as in section 551(2) of this title ; and “roster” means a list of persons qualified to provide services as neutrals. administrative procedure, as embodied in chapter 5 of title 5, United States Code, and other statutes, is intended to offer a prompt, expert, and inexpensive means of resolving disputes as an alternative to litigation in the Federal courts; administrative proceedings have become increasingly formal, costly, and lengthy resulting in unnecessary expenditures of time and in a decreased likelihood of achieving consensual resolution of disputes; alternative means of dispute resolution have been used in the private sector for many years and, in appropriate circumstances, have yielded decisions that are faster, less expensive, and less contentious; such alternative means can lead to more creative, efficient, and sensible outcomes; such alternative means may be used advantageously in a wide variety of administrative programs; explicit authorization of the use of well-tested dispute resolution techniques will eliminate ambiguity of agency authority under existing law; Federal agencies may not only receive the benefit of techniques that were developed in the private sector, but may also take the lead in the further development and refinement of such techniques; and the availability of a wide range of dispute resolution procedures, and an increased understanding of the most effective use of such procedures, will enhance the operation of the Government and better serve the public.” consult with the agency designated by, or the interagency committee designated or established by, the President under section 573 of title 5 , United States Code, to facilitate and encourage agency use of alternative dispute resolution under subchapter IV of chapter 5 of such title; and formal and informal adjudications; rulemakings; enforcement actions; issuing and revoking licenses or permits; contract administration; litigation brought by or against the agency; and other agency actions. the provisions of this Act [see Short Title note above] and the amendments made by this Act; and the agency policy developed under subsection (a). Each agency shall provide for training on a regular basis for the dispute resolution specialist of the agency and other employees involved in implementing the policy of the agency developed under subsection (a). Such training should encompass the theory and practice of negotiation, mediation, arbitration, or related techniques. The dispute resolution specialist shall periodically recommend to the agency head agency employees who would benefit from similar training. Each agency shall review each of its standard agreements for contracts, grants, and other assistance and shall determine whether to amend any such standard agreements to authorize and encourage the use of alternative means of dispute resolution. Within 1 year after the date of the enactment of this Act [ Nov. 15, 1990 ], the Federal Acquisition Regulation shall be amended, as necessary, to carry out this Act [see Short Title note above] and the amendments made by this Act. For purposes of this section, the term ‘Federal Acquisition Regulation’ means the single system of Government-wide procurement regulation referred to in section 6(a) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 405(a) ) [now 41 U.S.C. 1121(a) to (c)(1)].” the extent to which individuals are represented or assisted by attorneys or by persons who are not attorneys; and whether the subject areas of the applicable proceedings or the procedures are so complex or specialized that only attorneys may adequately provide such representation or assistance. such claim or dispute concerns an administrative program identified under subsection (a); such agency determines that the proceeding or procedure does not necessitate representation or assistance by an attorney under subsection (a)(2); and such person meets any requirement of the agency to provide representation or assistance in such a claim or dispute. ensure that any rules pertaining to disqualification of attorneys from practicing before the agency shall also apply, as appropriate, to other persons who provide representation or assistance; and establish effective agency procedures for enforcing such rules of practice and for receiving complaints from affected persons.”