ACR's Comment on the Access to Neutrals Initiative
Submitted July 1, 2003

In spring 2003, the Federal Mediation and Conciliation Service (FMCS) issued proposed regulations in the Federal Registry to create a national roster of workplace mediators. Outlined in a May 5, 2003 Federal Register notice, the proposed Access to Neutrals Initiative would create a public registry of private-sector mediators whose credentials and experience have been reviewed and evaluated by the FMCS. After the regulation was proposed, there was a 60-day public comment period, ending July 7, 2003.

ACR has submitted a formal comment on the proposed roster. The process required the development of several Guiding Principles that reflected the organization's values and assumptions of good practice. The ACR response was drafted by members of the ACR Workplace Section's Public Policy Committee and ACR's Legislative/Public Policy Committee. The ACR Board approved the response at its June 2003 meeting. The Board also approved an invitation to engage the FMCS in further dialogue on this subject.

The ACR Comment included four sections:

1. ACR's Guiding Principles for the FMCS Roster Proposal

2. Areas of Substantive Concerns

3. Areas of Procedural Concerns

4. ACR's Guiding Principles with respect to the Uniform Mediation Act

Overview of ACR's Recommendations to the FMCS:

1. The mediation roster should not exclude current advocates.

2. The design and standards of the roster should not act to discourage diversity of the applicants.

3. Labor and employment arbitration, mini-trials, and fact-finding experience should not be included as relevant ADR experience within the first category.

4. The size of the roster should not be capped at an arbitrary number.

5. A comprehensive complaint and roster review process should be established prior to accepting applications.

6. There should be an established process to ensure that all mediator names are sent out on a fair basis.

Click here to download the complete ACR Comment here.

For more information on ACR's response to the proposed Access to Neutrals Initiative, contact ACR.

ACR Comment Drafting Committee members:

Nancy Peace, ACR President
Dick Fincher, Co-Chair, ACR Workplace Section
Warren Cunningham
Art Finkle
Steve LaLonde
Terry Wheeler
Gregory Firestone, Co-Chair, ACR Legislative/Public Policy Committee
Stephen Kotev, ACR Staff

About ACR's Legislative and Public Policy Leadership

ACR's Legislative and Public Policy efforts are focused on promoting the field of conflict resolution to the general public; informing members about, and shaping, important public policy developments in the field; and creating the structures for ACR to support the growth of the field.

The Legislative Public Policy (LPP) Committee is chaired by Gregory Firestone, Ph.D.