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>From the Surface Transportation Board, Washington, D.C.
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The Surface Transportation Board announced today that it is seeking public
comment on its proposals to encourage increased use of mediation and
arbitration for the resolution of certain matters before the Board.
While the Board has existing
procedures in place for both
mediation and arbitration, the
proposed rules represent an
initiative to refine and expand
those rules, in an effort to
promote greater use of alternative
dispute resolution procedures for a
wide range of issues. The Board
believes that it will be to the
mutual benefit of all stakeholders
with business before the STB to
reduce time and expense devoted to
more formal litigation, and may
provide enhanced access to the
Board as well, particularly in
matters involving relatively small
disputes. The proposed rules would
require parties to mediate certain
matters, and would simplify and
clarify its current rules for
voluntary mediation. The Board
also proposes a new program in
which shippers and carriers could
voluntarily agree to arbitrate
certain routine disputes that come
before the Board. The Board's
mediation proposals would provide
more rapid resolution of certain
controversies, and at lower cost,
through the mutual agreement of
involved parties. The arbitration
proposal similarly would involve
less time and lower costs than
current, formal adjudicatory
procedures.
In announcing the proposals,
Chairman Elliott said,
"The more often we can get parties
to settle disputes before formal
action, the more often we can save
parties the cost, time and
uncertainty of that formal action,"
Elliott said. "And both parties
walk away from the process as
winners."
The Board invited comment on its
proposals in today's decision in
Assessment of Mediation and
Arbitration Procedures, EP 699
( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/42262?OpenDocument )
. That decision is available for
viewing and downloading at the
Board's website at www.stb.dot.gov
.
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