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Alternative Dispute Resolution
Using ADR in Enforcement and Compliance
It is EPA policy that ADR should be used in enforcement and compliance cases where a more prompt and fair resolution of a dispute might result.
- Administrative Dispute Resolution Act of 1996 (ADRA) (PDF) (54 KB)
- EPA Policy on Alternative Dispute Resolution (PDF) (125.4 KB)
- EPA Guidance on Use of Alternative Dispute Resolution Techniques in Enforcement Actions (PDF) (110 KB)
ADR has been used to resolve a wide variety of enforcement and compliance matters. Mediation is the ADR process most commonly used in enforcement and compliance cases, followed by convening and facilitation. Historically, ADR has been used primarily to assist Superfund allocation, cost recovery, and remedial negotiations, but as the program has diversified, other issues such as administrative penalty disputes, permit compliance requirements, Environmental Justice complaints, Brownfields revitalization and Superfund Redevelopment issues are increasingly addressed through ADR.
When is ADR Used?
It is EPA policy to encourage the use of ADR techniques to present and resolve disputes in many contexts, including administrative and civil judicial enforcement actions. While it is the policy of the Office of Enforcement and Compliance Assurance's (OECA) to consider the use of ADR in every enforcement and compliance dispute and to use ADR whenever it would likely result in a more efficient or equitable resolution, the decision to use ADR must reflect an assessment of the specific parties, issues and other factors. Any party involved in an enforcement and/or compliance matter may request that EPA consider the use of ADR. However, the decision by EPA to use or participate in ADR in any particular enforcement or compliance action is made by the EPA staff responsible for handling the action for which ADR is requested. EPA staff will make its decision through an assessment of how ADR might assist in resolution of the dispute.
See Enforcement and Compliance Success Stories for examples of where ADR has been used to assist parties resolve enforcement and compliance matters.
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