Transportation Government Mediation Programs as an Effective Tool for Advocates

In the first segment of this two part article, the author describes various services that the Federal Maritime Commission and Surface Transportation Board offer and poses suggestions for continued transportation agency alternative dispute resolution (ADR) program growth. In the second segment, the author addresses common government agency sponsored ADR myths and legends and explores best practices for counsels with clients participating in such programs. Government provided ADR services, including mediation and modified ombudsmen services, provide "one stop shopping" to address commercial and legal disputes among shippers, carriers, intermediaries, port terminal operators, and port authorities. Although government provided ADR is one potential solution to disputes between shippers and carriers, enabling parties to preserve or rebuild commercial relationships, use of such mediation is often wrought with apprehension over the federal government's role in resolving private party commercial and regulatory disputes. This particularly applies to counsel for parties, who often cite concerns regarding confidentiality, neutrality, and fear of subsequent government enforcement action for refusing to use government sponsored ADR services.

Language

  • English

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Filing Info

  • Accession Number: 01153248
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Mar 23 2010 4:29PM