Record Display for the EPA National Library Catalog
RECORD NUMBER: 73 OF 327
|OLS Field Name||OLS Field Data|
|Main Title||Guidance on Use of Alternative Dispute Resolution for Litigation in Federal Courts.|
|CORP Author||Environmental Protection Agency, Washington, DC. Office of Waste Programs Enforcement.|
|Report Number||EPA/540/R-95/009 ;OSWER-9208.0-09;|
|Additional Subjects||US EPA ; Superfund ; Negotiations ; Arbitration ; Mediation ; Litigation ; Guidelines ; Pollution regulations ; Pollution laws ; Law enforcement ; Decision making ; Problem solving ; Conflict management ; Hazardous materials ; Waste management ; Remediation ; Alternative dispute resolution ; Federal courts ; CERCLA(Comprehensive Environmental Response Compensation and Liability Act) ; RCRA(Resource Conservation and Recovery Act) ; Cleanup|
The Department of Justice (DOJ) views Alternative Dispute Resolution (ADR) as another tool in its arsenal for achieving success in litigation. ADR techniques provide an alternative to case resolution through either negotiation or litigation proceedings. Moreover, use of ADR in no way means that the govenment is backing away from a strong negotiation position. Nor does the use of ADR techniques relax DOJ's duty to assert, where appropriate, dispositive motions, such as sovereign immunity and jurisdictional issues. The results achieved through ADR techniques should remain very similar to results achieved through negotiation or litigation.