A May 5, 2003 notice in the Federal Register proposes a regulation that would create a private-sector mediators’ registry under the administration of the Federal Mediation and Conciliation Service (FMCS). The registry--the key component of the FMCS Access to Neutrals Initiative--would improve public access to experienced private-sector mediators, according to FMCS officials.

The Register notice calls for a 60-day public comment period. If, overall, public comments support the initiative, the regulation could go into effect as soon as next fall, when applicants for the registry could begin the process. Under that timetable, the registry 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 meet the standards set out by FMCS by having a combination of education, training and experience. This combination provides neutrals with a solid basis for assisting in the resolution of employment disputes outside of the collective bargaining arena, public policy disputes, and multi-party regulatory negotiation disputes.

Director Hurtgen: “Improving the Way Government Works”

“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 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 will be adopted by this group as well.”

If the regulation goes into effect, 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.

“This program fills a huge vacuum,” stated Bill Bransford, Vice Chair of Federal Dispute Resolution Conferences, Inc., “by providing a new central place to assure the public and federal agencies that dispute resolution professionals are capable and currently ready for the challenge.”

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 be 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.”

“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.”

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 neutrals 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.

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.

-- 30 --