ML18122A101
| ML18122A101 | |
| Person / Time | |
|---|---|
| Issue date: | 05/31/2018 |
| From: | Harrison J NRC/OE |
| To: | |
| Meyd, Donald | |
| References | |
| NUREG/BR-0317 R02 | |
| Download: ML18122A101 (2) | |
Text
N UREG/BR-0317 Rev. 201Timeliness GoalsThe timely resolution of issues is one of the goals of the enforcement ADR program. Accordingly, the NRC
expects of a case at each stage of the mediation process. In cases where the parties achieve settlement, the NRC expects to issue a CO within 90 calendar days of the date of the agency's letter
offering the ADR option to the other party.
Additional Sources of Information information about the NRC's ADR program is available from the following: AD Program Manager in the Office ofNRC enforcement ADR program on the agency'sWeb site at www.nrc.gov/about-nrc/
regulatory/enforcement/adr.html Mediation Location and Duration The parties usually hold the mediation at or one of the NRC's offices. However, the parties may agree any alternate location. Mediation sessions are usually
no longer than day. In some cases, the mediation may
take longer with the mutual consent of the parties.
The NRC Mediation T eam Director, Regional Administrator or his or her in cases that involve wrongdoing and technical issues.
When a case involves discrimination, the Director
The Confirmatory Order A CO is a legally binding document that includes the terms of the AIP. The NRC will issue a CO with the prior written consent of the other party and with a
waiver of the right to a hearing. After the entity or the
individualhas completed the terms of the CO, the NRC will that the terms of the CO have been satisfied in a timely manner. Because the CO is legally binding, failing to comply with its terms exposes the entity or
individual to additional enforcement action.
Although the substance of the mediation session remains confidential, the details of the settlement will
normally be made public via a press release and the
publication of the CO in the The Program
program, formerly referred to as post-investigation
ADR, provides an amicable process
enforcement matters. It produce more
timely and effective
certificate holder, or
contractor of an NRC licensee or
enforcement action he NRC established the post-investigation ADR program in to include.
enforcement ADR Enforcement ADR
As long as the enforcement matter is within the scope of the program, the NRC normally offers enforc ement ADR at each of the following stages of t he enforc ement process: before an initial enforcement ac is taken, typica lly upon issuance of a notice of violation, and when a civil penalty is imposed but before a hearing request.
Mediation is an informal process in which a trained and experienced mediator works with the parties to help them reach a resolution. The parties are the NRC and the
entity in the mediation. The mediator
focuses the attention of the parties on their needs and
interests rather than on their stated positions. Mediation
gives the parties anopportunity to discuss
The Program Administrator The NRC has a contract with the Cornell University
as the program administrator for the enforcement ADR
program. Cornell
with the parties to select a mediator from Cornell's roster of mediators.
Cornell uses a network of independent and experienced mediators who help the parties find areas The Mediator The mediator is an experienced neutral individual who is mutually selected by the parties. He or she has no stake in
the outcome of the mediation or any power to make
decisions that may bind either party. The role of the
mediator is to facilitate communication between the parties
and to provide an environment where the parties address their differences. The mediator usesconsensus building skills and knowledge of negotiation to help the
parties find ways to overcome anymisunderstandings and
find areas of agreement. The mediator does not act as legal
counsel or provide legal advice. Each party should consult
an attorney for legal advice asappropriate.
The Mediation Process
If the entity or
During the mediation, the mediator will give the parties an opportunity to discuss their views on the issue.
Often, the mediator will meet privately with each party
to develop a clear understanding of the party's
perspective and explore and assess options. Although
the mediator does not have any power to make
decisions that may bind either party, he or she may ask
questions intended to help the parties assess the merits
of their positions, help them converse in a respectful
atmosphere, and identify potential settlement options.
Confidentiality Although the terms of an ADR settlement become public available through the issuance of the CO, with
certain exceptions, the substance of the discussions
during the mediation session is confidential. The
mediator is prohibited from discussing the mediation
proceedings, testifying on anyone's behalf concerning
the mediation, or submitting a report on the substance
of the discussions.
Cost The NRC and the entity or individual, equally share the
fees and travel expenses of the mediator and any
meeting room fees. However, each party is responsible
for its own expenses, such as travel, lodging, and legal
representation.