EXHIBIT "B"
SUGGESTED PROCEDURE FOR CONDUCTING
INFORMAL BUDGET DISPUTE RESOLUTION
- Dispute Resolution Conference(s) (DRC) should be telephonic
whenever possible to conserve time and expense.
- A DRC should normally begin by each Party acknowledging that
he/she has recently read and understands the United States
Trustees' "Informal Budget Dispute Resolution Process" and
the exhibits thereto, including this "Suggested Procedure
for Conducting Informal Budget Dispute Resolution."
- Both Parties should acknowledge to the Panel:
- that they have exclusively reserved the amount of time
previously agreed for the DRC that day;
- that they each are willing to attempt in good faith to
reach a compromise.
- Normally, a brief opening statement of the issue, the
reasons supporting the position of, and the desired outcome
by the Standing Trustee should be stated.
- Normally, a brief response to the issue, the reasons
supporting the position of and the desired outcome by the
United States Trustee should be stated.
- Normally, the Panel will then speak separately and
confidentially to each side privately, to explore the
strengths and weaknesses of the case, to discuss the time,
expense, delay and any other disadvantages of other forms of
dispute resolution, and to determine what is needed for
acceptable compromise, and to convey with permission, the
irreducible needs of the other side.
- Normally, the Panel will then carry settlement offers and
counter offers back and forth until agreement of the parties
is reached or the Panel determines the proceedings to be at
an impasse.
- If the Parties resolve their dispute, the Panel will assist
the Parties in reducing to writing a description of that
resolution for signatures. That document will become part
of the United States Trustee's proposed budget submission to
the Director. The submission will include the Process. In
the event the Parties are unable to arrive at an agreement
to resolve the dispute, the Panel may, on unanimous
agreement of the Panel, within five (5) working days of
conclusion of the attempted mediation issue a non-binding
joint written recommendation to the Parties. The Parties
may either accept or reject the recommendation or use it as
the basis for further negotiation between themselves. The
issuance of the recommendation by the Panel will conclude
the Process. At conclusion of the Process, the Panel will
complete and serve on the Assistant Director of ORO and the
NACTT Chair a "Report On Result Of Informal Budget Dispute
Resolution Process," Exhibit "C" hereto.
- The initial task of the Panel is to facilitate, if possible,
the Parties reaching a compromise agreement themselves.
- These procedures may be varied in the discretion of the
Panel.
- If in the opinion of the Panel an impasse is reached, the
Panel may, on unanimous agreement of the Panel, issue a
joint written, non-binding recommendation only to the
Parties within five (5) working days, which they may accept
or reject or use as the basis for further negotiations
between themselves. If not "accepted" by both, the Process
will be reported by the Panel on Exhibit "C" as "no
agreement reached". If the recommendation is "accepted" by
both, the Agreement should be reduced to writing and a
signed copy retained by each of the disputing parties only
and a Report (Exhibit "C") immediately sent to the Assistant
Director of ORO and the NACTT Chair by the Panel.
- The Parties should not have any direct or indirect
communication with the Panel on the issue in question prior
to the DRC.