Alternative Dispute Resolution (ADR) refers to any procedure, agreed to by
the parties to a dispute, in which they call upon the services of a neutral
party to assist them in reaching agreement and thus avoiding formal litigation.
OALJ Settlement Judge Program
One of the Department of Labor's most active ADR programs is the
Office of Administrative Law Judges' (OALJ) settlement
judge program. A settlement judge is an administrative law judge
familiar with the procedure and subject matter of Department of Labor
adjudications, and trained in alternative dispute resolution techniques. The
settlement judge is authorized to consult with the parties and assist them in
resolving a dispute without the need for a formal administrative hearing.
Most cases docketed before OALJ are eligible for appointment of a
settlement judge. Two exceptions are black lung claims and applications for
permanent alien labor certification -- neither of which are susceptible to
settlement.
OALJ has experienced a high success rate of cases settling through
the settlement judge process, and the demand for settlement judges is
increasing. While reasonable efforts will be made to accommodate such requests
and for specific dates for settlement conferences, OALJ cannot guarantee that
requests for specific judges will be granted.
Settlement judges are not available for cases outside the
jurisdiction of OALJ. Thus, for example, a settlement judge will not be appointed
in longshore workers' compensation cases still pending before the Office of
Workers' Compensation Programs. Similarly, since OALJ is not involved in
adjudication of FECA claims, settlement judges are not available for that
program.
The settlement judge procedure is voluntary. Thus, all parties to
a dispute must agree to the appointment of a settlement judge.
To learn more about settlement judges, visit OALJ's Settlement Judge page.
Traditional Settlement Techniques
Even before the Department of Labor had a formal settlement judge
program, administrative law judges used a number of techniques to promote
settlements, such as early prehearing exchanges, calendar calls in which
settlement possibilities are discussed, and opportunities for discussion
immediately prior to a hearing. See, e.g.,
29 C.F.R. ยง 18.8(a)(2)(v). All of these techniques continue to be viable, even
with the availability of the formal settlement judge ADR procedure.
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