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Early Case Evaluation : Q & A : Mediation : Mini-Hearing : Mediated Settlement Conference

The potential for conflict surrounds us in our modern lives. The very business of government agencies (regulating diverse individuals, businesses and industries, professions and occupations, providing services and benefits, and hiring and firing employees) generates conflict. In addition, the way we, our managers, and our co-workers respond to internal and external conflict affects our mental and emotional well-being and determines how much energy is diverted from the true business of our work worrying about, talking about, and handling situations involving conflict.

A legal system has evolved in the United States for handling disputes formally. A system of administrative law and hearings has evolved in this state for handling administrative disputes formally. Although litigation or an administrative hearing is sometimes the only alternative left to resolve a dispute, it is not always the best way to do it. Litigation or a hearing can be slow and expensive, and can increase the hostility between the parties. Even the "winner" in litigation or a hearing may be unhappy with the system. There may be a better way to resolve a dispute.

Additional ways to resolve disputes are often overlooked and underutilized. As a group, these ways or processes are referred to by the term "alternative dispute resolution" or "ADR." Alternative dispute resolution encompasses several different techniques for resolving disputes, all of which share the characteristic of being "alternative" to litigation or a hearing. It includes mediation, arbitration, negotiation, mini-trial or mini-hearing, early case evaluation, and negotiated rule-making. In mediation, the most frequently chosen ADR process, a third-party neutral guides participants through a process designed to help them find ways to resolve their own conflicts - ways that can lay the foundation for better relationships and continued successful problem-solving in the future. Participants often agree to customize the ADR process they are using to adapt it to their particular dispute. ADR processes may be used for disputes that would never rise to litigation or a hearing, but are nonetheless causing considerable disruption to state agencies. For disputes that are likely to become contested, ADR processes can be used either before or after formal proceedings have been initiated.

The Office of Administrative Hearings (OAH) has ADR professionals to serve as third-party neutrals. OAH will provide a mediator to any government agency which seeks to mediate a dispute. OAH will also provide a third-party neutral for other forms of ADR, including for a mini-hearing, early case evaluation, or a mediated settlement conference.

Mediation takes you to more information about how mediation works and how a third-party neutral may be used for mediation or a Mediated Settlement Conference, a Mini-Hearing, and Early Case Evaluation. Your questions and answers about ADR are answered in Q & A. You may also find out more about ADR at OAH by calling the director at (701) 328-3260.

If you wish to request any of the ADR services of OAH, you will find a request form (SFN 17821) on the "OAH Request for Hearing Forms" page accessible through the Forms link.