Policy

Implementing the Virginia Administrative Dispute
Resolution Act (VADRA)

The Virginia Administrative Dispute Resolution Act ("VADRA") requires each state agency to adopt a written policy that addresses the use of alternative dispute resolution processes (ADR) within the agency's programs and operations. To help state agencies accomplish this, VADRA's Interagency Advisory Council has provided the following short, focused Statement of Policy template as a guide. Adopting a basic Statement of Policy lays an effective foundation for a state agency as it continues to consider whether and how it may best incorporate ADR and collaborative practices into its functions, and what if any more detailed procedures may be appropriate.

Download the following Statement of Policy - WORD (You must have Microsoft Word in order to open this document)

The Virginia Administrative Dispute Resolution Act recognizes that a fundamental function of government is collaborative problem solving, including the fair and efficient management of conflict and resolution of disputes. Litigation and other adversarial means of dispute resolution, while necessary at times, are costly in terms of dollars, human resources, and good will. The use of alternative, non-adversarial processes to address stakeholder concerns can avoid these costs in many instances. Establishing effective alternative processes requires that agencies first carefully assess their missions, strategic plans, policies, operations, fiscal resources and any laws governing the use of a particular collaborative or dispute resolution process.

[Insert Agency Name] ("Agency") is committed to utilizing stakeholder collaboration and alternative dispute resolution processes, as appropriate and as set forth in the Act, as a means by which the Agency and affected parties may attempt to achieve mutually agreed upon settlements of matters in controversy without incurring the costs associated with adversarial proceedings.

To that end, and with VADRA's Interagency Council (VADRA Council) as a resource for consultation and guidance, the Agency Director will:

(i) Designate, if not already designated, an agency Dispute Resolution Coordinator (DRC), and authorize that individual to attend training for DRCs provided by the VADRA Council;

Name and title of Agency's DRC:

____________________________________________________

(ii) Review its policies, procedures and regulations to determine whether to amend any of the foregoing to authorize and encourage the use of collaborative practices and dispute resolution proceedings, and, if so, how;

(iii) Adopt written procedures, if appropriate, that specifically address the use of dispute resolution proceedings within the agency and for the agency's programs and operations; and

(iv) Provide training for agency personnel involved in implementing any such written procedures.

The Agency will also cooperate with and provide assistance to the VADRA Council as the Council may request, including providing periodic reports on the Agency's activities and any associated outcomes resulting from its efforts to promote and use collaborative practices, conflict management techniques, and alternative dispute resolution processes.

The VADRA Council will serve as a resource to the Agency by (i) conducting training and briefing sessions, (ii) providing information and technical assistance in the development and use of such practices in state government, (iii) promoting networking among agency DRCs statewide, and (iv) coordinating and collaborating with similar initiatives in other states.

Agency:

Agency Head Signature:

Agency Head Name:

Date: ______________________________