RD81 - Report on State Agency Alternative Dispute Resolution Pilot Projects


Executive Summary:
As recognized by the General Assembly in enacting the Virginia Administrative Dispute Resolution Act (VADRA), a fundamental function of government is collaborative problem-solving, including the fair and efficient management of conflict and the resolution of disputes. Litigation and other adversarial methods of dispute resolution, while necessary at times, are costly in terms of dollars, human resources, and good will.

The Interagency Dispute Resolution Advisory Council, created by the VADRA in 2002, serves as a resource to state agencies in the development of alternative, collaborative processes for governmental problem-solving. With the support of the Council, seven state agencies – the Virginia Information Technologies Agency (VITA), the Board of Accountancy (BOA), and the Departments of Environmental Quality (DEQ), Forestry (DOF), Charitable Gaming (DCG), General Services (DGS), and Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS) – took the lead in piloting these alternative processes, within a wide range of governmental functions such as procurement, contracting, resolving consumer complaints, managing the workplace, protecting the environment, and enforcing regulations.

The individual and collective experiences of the pilot agencies are instructive. For example, agencies have cited avoided costs in staff time and/or dollars, or the potential for such avoided costs. Also recognized is increased stakeholder satisfaction with agreed-upon outcomes, which generally assures a stronger, more lasting resolution. Indeed, for most of these agencies, the use of ADR is no longer a pilot, but has been integrated as a valuable tool into the agency’s operations and procedures. Reported challenges in implementing an ADR program include the need for agencies to screen out unsuitable ADR candidates, especially with respect to habitual offenders in the area of regulatory enforcement.

Key factors to a successful launch include visible support from the agency head, ADR expertise through the Council or other resources, the involvement of key agency staff and stakeholders, legal guidance from counsel at the Office of the Attorney General, and continued training to promote the necessary “culture change” at the agency and stakeholder levels.