1. Resumption of Negotiations on a Concentrated Schedule
- With Mediation Assistance, as Necessary or Required
When the Panel believes that further bargaining may resolve a dispute or at least serve to narrow the issues, it may send the parties back to the bargaining table on a specified, concentrated schedule, normally over a 15, 30, or 45-day period. In one variation of this procedure, during the resumed bargaining the parties may secure assistance from FMCS when they believe it is necessary. The parties will be asked to submit a status report to the Panel at the conclusion of the concentrated effort. If they do not reach a complete settlement, the Panel may then direct another procedure, which often results in the issuance of a binding decision. In another variation of the procedure, the Panel itself may arrange in advance a schedule of resumed negotiations with the FMCS mediator who was previously involved in the case. Regardless of which variant is utilized, the Panel also sometimes informs the parties in the letter directing them back to the table that if a complete settlement does not occur during the specified period of negotiations, the Panel will be restricted to selecting from between their final offers on either an issue-by-issue, article-by-article, or package basis. This usually occurs in only the most difficult impasses where the Panel believes that maximum pressure should be brought to bear on the parties to assist the mediator in his or her efforts at voluntary settlement.
- With CADRO Intervention
The FLRA's Collaboration and Alternative Dispute Resolution Office (CADRO) is part of an agency-wide initiative to help parties avoid formal litigation by using an interest-based approach in a variety of disputes. In selected cases, after consulting with and receiving the prior approval of the parties, the Panel may refer the parties to CADRO for assistance while retaining ultimate jurisdiction of the impasse. At the end of this process, however, should the dispute remain, CADRO lacks the statutory authority to impose a resolution on the parties. For this reason, if CADRO's interest-based intervention is unsuccessful, the Panel will select an appropriate procedure for resolving the impasse.