Alternative Dispute Resolution in the Regulatory Process

An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.

DEIRDRE MCCARTHY GALLAGHER is a dispute resolution professional with more than twenty years of experience as a mediator, facilitator, trainer, and conflict management consultant.

RICHARD MILES held numerous positions during his thirty-eight years at the Federal Energy Regulatory Commission, starting as a trial attorney and ending in 2010 as the director of its Office of Administrative Litigation and its Dispute Resolution Service.

JERRILYNNE PURDY has more than thirty years of experience in the regulated utility industry in both the private and public sectors with more than twenty-five years concentrated in negotiation and dispute resolution.