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Conflict of Interest Policy

The U.S. Institute for Environmental Conflict Resolution was created in 1998 by unanimous vote of Congress. Its mission is to help parties resolve environmental, natural resources and public lands disputes involving a federal agency or interest. In addition to providing conflict resolution services, the U.S. Institute seeks to (1) increase the use of environmental conflict resolution in general and specifically by federal agencies and parties in conflict with federal agencies, and (2) engage in and encourage collaborative problem-solving and consensus-building during the design and implementation of federal policies to prevent future environmental disputes.

The U.S. Institute is part of the Udall Foundation, an independent federal agency located in Tucson, Arizona. Placement of the U.S. Institute within the Udall Foundation reflects the values of Morris Udall - civility, integrity and decision-making by consensus. Congressman Udall's legacy draws directly on his ability to find common ground among groups with disparate views regarding natural resources and environmental public policy.

The Udall Foundation is governed by a non-partisan Board of Trustees, the majority of whose members are appointed by the President of the United States with the advice and consent of the Senate. By law, the Board also includes the secretaries of Interior and Education (or their designees), the chair of the Council on Environmental Quality, and the president of the University of Arizona.

The impartiality and independence of the U.S. Institute are of utmost concern to the Foundation's Board of Trustees. Even the perception of bias could significantly impair the Institute's effectiveness as a neutral institution. Because its mission is to assist all parties in resolving environmental conflicts through non-adversarial negotiation and collaboration, the U.S. Institute must be impartial and fair to each party engaged in the conflict. It must be non-partisan and independent of external influences that might bear on the professional judgment and performance of its staff and qualified contractors. Without a demonstrated commitment by the U.S. Institute to its neutrality and professionalism, parties will not be well served and the U.S. Institute's mission cannot be carried out.

In recognition of the need for independence and impartiality, the Board of Trustees early on adopted a strong conflict of interest policy, which emphasizes that the U.S. Institute's dispute resolution work is entirely independent of and without influence from the Board. The Board's policy requires disclosure of any potential conflicts of interest of Board members or U.S. Institute staff and provides that Board members shall have no access to confidential information. The Board also adopted a confidentiality policy in accordance with the Administrative Dispute Resolution Act of 1996, which protects the confidential communications of stakeholders and participants in the U.S. Institute's cases and projects.

In summary, the U.S. Institute carefully guards its independence and impartiality, in accordance with Udall Foundation policy, through full disclosure of potential conflicts of interest, prohibition of improper influence, and protection of confidentiality.

July 3, 2002