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Alternative Dispute Resolution
How We Can Help You
The Office of Enforcement and Compliance Assurance (OECA) Alternative Dispute Resolution (ADR) staff, Regional Enforcement ADR Specialists and the EPA Conflict Prevention and Resolution Center are available at any time by phone or E-Mail to provide confidential consultation services. We can help you:
- Understand ADR processes and negotiation strategies that may benefit your case
- Consider how ADR might assist you in resolving your disputes
- Locate and select a qualified neutral third party
- Contract for third party neutrals
- Locate funding for ADR
- Focus your negotiation efforts and prepare for use of ADR
- Design an effective ADR process, and
- Effectively use ADR to support your goals
Consider ADR
How do you know when your enforcement or compliance case might be served best by using an ADR process? Here is a list compiled from the experience of participants in enforcement and compliance disputes to help you consider when to use ADR.
ADR should be considered in enforcement and compliance cases when:
- A negotiated enforcement case is at an impasse, or not progressing constructively
- Parties are emotionally reactive and inhibiting constructive
settlement discussion - Parties believe that they are being treated unfairly
- You suspect opposing counsel is having difficulty communicating with their client, but wants to work toward agreement
- You suspect that opposing counsel is not accurately conveying information to the client or is an obstacle to constructive settlement discussions
- Parties refuse to come to the table
- Something just doesn't add up; you just can't imagine why the parties won't settle
- There are difficult personalities involved
- There appears to be an unrealized potential for advancing negotiations through the development of non-monetary settlement options
- Despite everything–competent counsel, a good faith desire among all parties to resolve the dispute, no shortage of information, good communication–there remains a seemingly unbridgeable gap
However, ADR is not appropriate for every case. The Administrative Dispute Resolution Act of 1996 (PDF,54 KB) suggests that agencies consider not using ADR in some situations.
The Office of Enforcement and Compliance Assurance (OECA) ADR Program and EPA's Conflict Prevention and Resolution Center can provide a "convening" neutral with expertise in enforcement matters to help you consider and make decisions about whether or how to use ADR. OECA will pay for the services of a convening neutral or provide a confidential EPA convening neutral, where appropriate. If, after participating in a convening, parties decide to use ADR, they are responsible for the costs of using an ADR neutral.
In any case, it is a good idea to talk with someone who has experience in screening cases for ADR, someone who can help you determine if ADR is appropriate for your case. You can get help from many sources - OECA or Regional ADR Specialists, EPA's Conflict Prevention and Resolution Center, an independent dispute resolution professional, or a colleague.
Find a Neutral
Once parties have agreed to use ADR in an enforcement or compliance matter, the next step is to agree upon a neutral third party who is acceptable to all participants. Participants may agree to hire a neutral, a court-sponsored ADR program may assign a neutral, or an EPA staff neutral may be used.The Office of Enforcement and Compliance Assurance (OECA) ADR staff and Regional Enforcement ADR Specialists can assist you in your search for a neutral. Several sources of neutrals are available:
- EPA Consensus and Dispute Resolution Services Contract - contains a roster of ADR neutrals with an expertise in environmental disputes and issues.
- National Roster of Environmental Dispute Resolution and Consensus Building Professionals - a source of information on neutral third parties.
- Office of Administrative Law Judges - For cases filed with this EPA office, one of the Judges may be appointed as a neutral mediator by agreement of the parties at the start of the proceeding, or upon a motion granted by the presiding Judge. There is no charge to participants for the service of a neutral mediating Judge. Appointment as a neutral mediator of somebody other than one of the Judges is possible upon a motion granted by the presiding Judge.
- U.S. Institute for Environmental Conflict Resolution
- offers multiple services to assist parties in resolving environmental disputes involving the federal government. Many states have established dispute resolution agencies which offer, among other services, environmental dispute resolution consultation and assistance. - OECA and Regional ADR Program staff, EPA Conflict Prevention and Resolution Center - use EPA staff who are trained to serve as ADR professionals and can provide convening, mediation and facilitation services. Many parties have used Agency neutrals.
Contact an EPA ADR Specialist
The Office of Enforcement and Compliance Assurance's (OECA) ADR staff, Regional ADR Specialists, and EPA's Conflict Prevention and Resolution Center (CPRC) staff are available to help you consider and effectively use ADR in enforcement and compliance matters. The following is a listing of lead ADR contacts in each EPA regional and headquarter office.
EPA ADR Specialists
| Office | Name | Phone Number |
|---|---|---|
| Region 1 (ME, VT, NH, MA, RI, and CT) | Ellie Tonkin Marcia Lamel |
(617) 918-1726 (617) 918-1778 |
| Region 2 (NY, NJ, Puerto Rico, and the U.S. Virgin Islands) | Tom Lieber | (212) 637-3158 |
| Region 3 (DE, MD, PA, VA, WV, and the District of Columbia) | Pat Hilsinger | (215) 814-2642 |
| Region 4 (AL, FL, GA, KY, MS, NC, SC, and TN) | Lisa Ellis | (404) 562-9541 |
| Region 5 (IL, IN, MI, MN, OH, and WI) | John Tielsch | (312) 353-7447 |
| Region 6 (AR, LA, NM, OK, and TX) | Jim Dahl | (214) 665-2151 |
| Region 7 (IA, KS, MO, and NE) | Cheryle Micinski | (913) 551-7274 |
| Region 8 (CO, MT, ND, SD, UT, and WY) | Maureen O'Reilly Karen Kellen |
(303) 312-6402 (303) 312-6518 |
| Region 9 (AZ, CA, HI, NV, and the territories of Guam and American Samoa) | Kim Muratore | (415) 744-2373 |
| Region 10 (AK, ID, OR, and WA) | Ted Yackulic | (206) 553-1218 |
|
OECA ADR Program |
(202) 564-5103 |
|
| CPRC/Office of General Counsel |
(202) 564-7696 |