Executive Orders
Executive Orders (EOs) are emerging as one of the most effective mechanisms for governors to encourage, or direct, administrative agencies to employ dispute resolution practices in states.
EOs demonstrate a state's support not only for initiating but also expanding consensus building and dispute resolution programs to new areas of government. Executive orders are being used by governors—both Republicans and Democrats—who are interested in promoting dispute resolution and collaborative processes to achieve more effective governance in their states.
In September 2000, PCI produced a 15-page publication titled "Executive Orders: How Governors Can Promote Collaborative Processes and Dispute Resolution in States." The publication describes the evolution of EOs, steps to enacting an effective EO, elements to consider when drafting an EO, and a number of other useful guidelines for writing and implementing such orders. A PDF version of the publication is available. You may also order hard copies.
To date, the following states have Executive Orders aimed at the implementation of dispute resolution processes:
- Alabama (1998 and 2003) — Two EOs in 1998
and one in 2003. In 1998, #42 promotes
the use of ADR by state agencies, and #50 establishes
a state agency Task Force to facilitate implementation of the first
EO through education, training, and coordination of activities among
agencies. In 2003, EO #07 expands
the states Workplace Mediation Pilot Program.
Alabama Executive Order 42
Alabama Executive Order 50
Alabama Executive Order 07
- Florida (2002) — Requires 15 executive state agencies to assess their current use of dispute resolution, appoint a DR coordinator, and develop plans to increase agency use of DR.
- Massachusetts (1999) — Identifies the benefits of using ADR in state government, and requires state agencies to "work diligently to fully utilize, wherever appropriate, alternative dispute resolution to resolve disputes."
- Minnesota (2001) — Encourages (does not require) state agencies and Minnesota State Colleges and Universities (NMSCU) to make use of the "Workplace Mediation Program" offered by the Bureau of Mediation Services Division of Alternative Dispute Resolution. Encourages agencies and NMSCU campuses to recruit and train mediators, publicize the program, appoint DR coordinators, pay for training and approve release time for training, and participate in evaluation of the program.
- Montana (1994) — Established the Montana Consensus Council, laid out its purpose, and established its governance mechanism.
- New Mexico (2000) — Designates Risk Management Division as the lead agency for implementing a Governmental Dispute Resolution Act, also passed in 2000, and requiring the head of each executive agency to designate ADR coordinators to encourage and facilitate the use of DR in their agencies.
- Oregon (2000) — Calls for each state agency to review their processes for managing conflicts and controversies, and to take steps to ensure their DR processes are efficient and effective. Requires heads of all agencies with more than 50 employees to appoint a DR coordinator.
- Pennsylvania (2002) — Directs state agencies, departments, boards, etc. to become familiar with mediation, and regularly explore, encourage, and facilitate its use. Also directs these entities to designate a Mediation Coordinator who encourages and facilitates the use of mediation.
- Utah (2003) — Directs state agencies with more than 50 FTEs to designate a DR Coordinator, and agencies with fewer than 50 FTEs to arrange for a representative to participate an ADR Council, also established under this Executive Order. The Council consists of executive branch agency representatives and other participating agencies.