Table of Contents | Previous | Next

CHAPTER 6: DISPUTE RESOLUTION PROCESS

While most ODOT requests for Federal approval and most FHWA requests to ODOT to address project or program matters result in a positive response within reasonable time-frames, there are occasions when agreement cannot rapidly be reached by both parties. It is the intent of this section of the Stewardship and Oversight Agreement to provide a template for escalating issues that have reached an impasse at the normal operational level.

Overall Philosophy

It is expected that nearly all issues should be resolved at the lowest working level between FHWA and ODOT staff where the issue originated. For this to occur, effective communication is absolutely essential, as it is the foundation of a solid partnership. Generally, issues should not be elevated immediately before each party has exhausted available options within a reasonable timeframe. Depending on the urgency of the issue, for this Agreement, reasonable timeframes are defined between 1-3 days to resolve the issue before both parties agree to escalate an issue. Both parties are encouraged to reach out and contact each other at the lowest working level via phone (1^st option) or face-to-face (2^nd option) to solve any issues or clear up any misunderstandings (i.e. clarify comments or requests, better understand positions, etc).

Process Steps

Please refer to Figure VI-1, Dispute Resolution Escalation Process flowchart.

When the FHWA Transportation Engineer/Program Manager/Program Specialist and the ODOT Project Manager/Major New Program Coordinator cannot reach agreement on an issue, then the issue will be escalated to the next level, as mutually agreed upon.

If the FHWA Transportation Engineer/Program Manager/Program Specialist and the ODOT Office Administrator cannot reach agreement on an issue, then the issue will be escalated to the next level, as mutually agreed upon.

If the FHWA Office Director/Financial Manager and the respective ODOT Deputy Division Director cannot reach agreement on an issue, then the issue will be escalated to the next level, as mutually agreed upon.

If the FHWA Assistant Division Administrator and respective ODOT Assistant Director cannot reach agreement on an issue, then the issue will be escalated tothe next level, as mutually agreed upon.

Should none of the above negotiations result in a satisfactory resolution, the FHWA Division Administrator and the ODOT Director will determine the final outcome.

In summary, it is both agencies expectation that the formal dispute resolution process be used on an infrequent basis. As such, parties on both sides are expected to make good faith efforts to solve the issues at their level.

ODOT-FHWA DISPUTE RESOLUTION ESCALATION PROCESS

Figure VI-1

Top

Table of Contents | Previous | Next