Civil Enforcement

Alternative Dispute Resolution (ADR) is "any procedure that is used to resolve issues in controversy, including but not limited to, conciliation, facilitation, mediation, fact finding, mini-trials, arbitration, and use of ombuds, or any combination thereof." (Administrative Dispute Resolution Act of 1996, 5 USC 571(3)). All of these procedures involve a neutral third party, a person who assists others in designing and conducting a neutral process. The neutral third party has no stake in the substantive outcome of the process. Neutral third parties may be Agency employees or may come from outside EPA, depending on the nature of a specific dispute or need.

EPA has used alternative dispute resolution (ADR) in enforcement and compliance activities since 1985. In 1987, EPA Administrator Lee Thomas signed the Final Guidance on Use of Alternative Dispute Resolution Techniques in Enforcement Actions (PDF, 110 KB) which states that ADR can be used to resolve any or all of the issues presented by an enforcement case, if ADR is deemed appropriate. ADR has been used in negotiations and other matters arising under every environmental statute that EPA enforces. Mediated negotiations have ranged from two-party Clean Water Act cases to Superfund (Comprenhensive Environmental Response, Compensation and Liability Act or "CERCLA") disputes involving upwards of 1200 parties. ADR has also been used to assist public participation in Agency decision-making concerning enforcement activities.

The Office of Enforcement and Compliance Assurance's (OECA) experience shows that using ADR to resolve conflict may:

• Lower transaction costs
• Create more satisfying and enduring solutions
• Identify and resolve issues more quickly
• Create better working relationships
• Increase stakeholder support for Agency programs

OECA's ADR Program works closely with EPA's Conflict Prevention and Resolution Center (CPRC). The CPRC provides ADR services to the entire Agency and assists Agency offices in developing effective ways to anticipate, prevent, and resolve disputes.

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