The
use of ADR (alternative dispute resolution) techniques is expanding in administrative law.
One of the more common techniques, especially at the federal level, is regulatory negotiation or
regneg. It is used by some agencies prior to the statutorily required rulemaking hearing.
The
goal of regneg is to bring representatives of the contending parties and agency together to reach
as much agreement or consensus about the terms of a proposed rule as can be accomplished.
If substantial agreement can be reached, the parties may agree not to challenge the promulgated
rule in court after it is issued. Court challenges of rules can often take years of litigation.
The
regneg is a prelude to the hearing, it is not a substitute for the hearing under existing legislation.
1. Adjudication, Formal
