Understanding Special Legal Issues Relating to ADR and Public Agencies
Resolving disputes between public agencies using one of several
alternative dispute resolution techniques offers both unique
opportunities and unique challenges. ADR can provide the parties
with the opportunity to bridge the gap between their public
positions and thereby come up with a solution to the dispute that
is truly the creation of the parties themselves.
However, public agency decision-making processes, unlike those relating to private disputants, is subject to a number of laws designed to provide transparency and fair processes which allow the public to maximize their input into the decision-making process and to hold their representative government accountable.These include laws relating to:
- Limits on delegating decision-making authority
- Open meeting laws
- Public records disclosure requirements
- Public hearing requirements
The Institute has prepared a pamphlet called Alternative
Dispute Resolution: Navigating Special Legal Issues in Public
Agency Disputes that discusses this unique aspect of ADR
between local government agencies. The Institute is grateful for
the generous support of Renne Sloan Holtzman Sakai
LLP on this effort.