“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 click here.

Background

The Access to Neutrals initiative began in 2000, when FMCS first consulted with the Federal Interagency Working Group, an entity comprised of representatives from federal agencies interested in the implementation of alternative dispute resolution programs in the federal sector. That year, FMCS program directors Gary Hattal and Richard Giacolone met with the group for the first time to discuss a neutrals registry proposal.

Over the next two years, FMCS met with stakeholder focus groups to identify concerns and to gather recommendations concerning how standards for referral of private-sector neutrals could be established and utilized.  Focus group members included practitioners, members of academia, ADR centers’ staff and FMCS professionals. The findings of the groups were compiled in a report prepared by a team from the University of Arkansas, and used as the basis for a series of recommendations developed by an FMCS task force.  From those recommendations came the proposed regulation outlining the Access to Neutrals initiative.

Once officially launched, the registry of neutrals will be administered through the supervision of the Agency Director, the Access to Neutrals Initiative Director, and a Neutrals Committee selected by the Director.  “Our plan,” said acting director McNeive, “is to continually evaluate the program, and to use additional focus groups and other evaluation tools to make recommendations to revise and improve the initiative.”

The Federal Mediation and Conciliation Service, created in 1947, is an independent agency whose mission is to preserve and promote labor-management peace and cooperation. Headquartered in Washington, DC, with five regional offices and more than 70 field offices, the agency provides mediation and conflict resolution services to industry, government agencies and communities.