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An Evaluation Of The Merits Of Mandatory Mediation In Federal Government Contracting
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Book Synopsis An Evaluation of the Merits of Mandatory Mediation in Federal Government Contracting by : Christopher P. Smith (M. of Public Affairs)
Download or read book An Evaluation of the Merits of Mandatory Mediation in Federal Government Contracting written by Christopher P. Smith (M. of Public Affairs) and published by . This book was released on 2011 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, parties to a government contract have sought administrative or judicial review to resolve disputes; however, appeals to these courts are costly and may take years to reach a conclusion. Congress has encouraged the use of Alternative Dispute Resolution methods to resolve disputes arising in federal government contracting. Alternative Dispute Resolution includes a broad range of techniques, including mediation; however, use of Alternative Dispute Resolution to resolve disputes in contracting has focused on arbitration. Arbitration is the Alternative Dispute Resolution method most similar to a trial. Attorneys largely lead the resolution of these contractual disputes given their expertise in contract law. This expertise in contract law as well as comfort and familiarity with the litigation process may encourage attorneys to select arbitration over other means of Alternative Dispute Resolution that may be more beneficial to all parties. "Lawyers bred in litigation may not realize when one or more of the techniques in the ADR procedural array may be far preferable to court litigation, and they may take an unnecessarily narrow view of their clients' interests" (Section of Administrative Law and Regulatory Practice, 2001). "Arbitration has become expensive and time consuming because of increasing demands for discovery (a process through which both parties exchange information prior to an administrative or judicial hearing), which results in an unintended consequence of participants not fully engaging in Alternative Dispute Resolution processes. The increased costs of arbitration associated with the discovery process encourages disputants to forgo investing in Alternative Dispute Resolution methods and proceed directly to administrative or judicial hearings where the parties can get a final ruling on the merits of the case with limited appeals options. If Alternative Dispute Resolution is to fulfill its original mandate or promise, parties must find resolution before the parties even get to arbitration. To encourage a fuller exploration of other Alternative Dispute Resolution methods, federal contracts should include mandatory dispute avoidance measures and mediation. Mediation should be required before parties can proceed with a grievance or a lawsuit.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association
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Author :United States. National Labor Relations Board. Office of the General Counsel Publisher :U.S. Government Printing Office ISBN 13 : Total Pages :68 pages Book Rating :4.3/5 ( download)
Book Synopsis Basic Guide to the National Labor Relations Act by : United States. National Labor Relations Board. Office of the General Counsel
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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl
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Book Synopsis The Budget of the United States Government by : United States
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Book Synopsis Federal Contract Compliance Manual by : United States. Office of Federal Contract Compliance Programs
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Book Synopsis United States Code by : United States
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Book Synopsis Mediation in the Construction Industry by : Penny Brooker
Download or read book Mediation in the Construction Industry written by Penny Brooker and published by Routledge. This book was released on 2010-07-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of construction dispute procedures has changed dramatically over the years. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It also presents an international collection of reviews by experts.
Book Synopsis Alternative Dispute Resolution for Government Contracts by : Donald P. Arnavas
Download or read book Alternative Dispute Resolution for Government Contracts written by Donald P. Arnavas and published by Wolters Kluwer. This book was released on 2004-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative Dispute Resolution for Government Contracts from CCH is the only resource that provides a comprehensive treatment of ADR in government contracts. It presents a complete discussion of the various ADR procedures together with their advantages and disadvantages, allowing readers to reach an informed decision as to which ADR mode is most suitable for resolution of a specific dispute. Along with covering the Administrative Dispute Resolution Act of 1996, Executive Orders and other applicable regulations are thoroughly discussed. Alternative Dispute Resolution for Government Contracts covers the "hot" areas of ADR, including confidentiality, conflicts of interest, finality of arbitration awards, enforcement of awards and settlement agreements together with all the relevant citations. It will also help you analyze which type of approach is most effective for each of the main ADR processes and the preparation necessary for all members of an ADR team..
Download or read book Alternative Dispute Resolution written by and published by . This book was released on 1999 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Construction Claims by : Robert A. Rubin
Download or read book Construction Claims written by Robert A. Rubin and published by John Wiley & Sons. This book was released on 1999-07-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the Second Edition . . . "A basic, how-to guide . . . for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations. Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.
Download or read book BNA Pension Reporter written by and published by . This book was released on 1986 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Requirements for Recurring Reports to the Congress by :
Download or read book Requirements for Recurring Reports to the Congress written by and published by . This book was released on 1980 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes reports required of executive branch agencies by the Congress on a recurring basis.
Book Synopsis Review of federal farm policy by : United States. Congress. House. Committee on Agriculture
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Book Synopsis Domestic Policy Review of Nonfuel Minerals by : Pennsylvania State University. Department of Mineral Economics
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