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The Use Of Alternative Dispute Resolution Techniques To Resolve Government Contract Disputes A Case Study
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Book Synopsis The Use of Alternative Dispute Resolution Techniques to Resolve Government Contract Disputes: A Case Study by : John N Kraus (Jr)
Download or read book The Use of Alternative Dispute Resolution Techniques to Resolve Government Contract Disputes: A Case Study written by John N Kraus (Jr) and published by . This book was released on 1991 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this study was to examine the decision-making processes involved in using Alternative Dispute Resolution (ADR) techniques in lieu of litigation to resolve government contract disputes. With the enactment of Public Law 101-552, The Administrative Dispute Resolution Act, federal agencies are encouraged to use mediation, arbitration, and other ADR techniques for the prompt and informal resolution of disputes. Although the use of ADR in the private sector is increasing dramatically, use within the government has been minimal, in part, because of a general lack of knowledge about ADR and its practical application. An initial step towards broadening the knowledge base is to document the decision-making processes in cases where ADR has been used. A descriptive case study method was used to evaluate six completed ADR cases and one as yet unresolved case. Each was examined to determine: why the parties used ADR instead of litigation; how the specific ADR techniques were chosen, and; how and on what basis the neutral advisor was chosen. Based on the data generated from each case, patterns and trends across the cases were identified.
Download or read book Alternative Dispute Resolution written by and published by . This book was released on 2005 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sourcebook, Federal Agency Use of Alternative Means of Dispute Resolution by : Marguerite S. Millhauser
Download or read book Sourcebook, Federal Agency Use of Alternative Means of Dispute Resolution written by Marguerite S. Millhauser and published by . This book was released on 1987 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Alternative Dispute Resolution by : Frederick M. VanLuit
Download or read book Alternative Dispute Resolution written by Frederick M. VanLuit and published by . This book was released on 1994 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a recent increase in emphasis by the Federal Government on using alternative dispute resolution methods to resolve contract disputes. These methods are normally less expensive, faster, less intimidating and more responsive to the underlying problems of the dispute. Alternative dispute resolution is not effective for all disputes. Situations in which alternative dispute resolution would be effective are identified. Additionally, the characteristics and advantages of alternative dispute resolution are discussed. The current legislation concerning the Government's usage of alternative dispute resolution is the Administrative Dispute Resolution Act of 1990. The specific components of the Act are reviewed. The conventional dispute resolution process, and its disadvantages, are presented for comparison purposes. In September 1993, the United States Navy and Lockheed Corporation successfully used negotiations to settle a dispute concerning the termination of the Long Range Anti-submarine Warfare Capability Aircraft program. A case analysis was conducted on the issues of the dispute, the reasons a negotiated settlement was used and of the actual negotiation process and results.
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.
Book Synopsis Alternative Dispute Resolution by : Frederick M. VanLuit
Download or read book Alternative Dispute Resolution written by Frederick M. VanLuit and published by . This book was released on 1994 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a recent increase in emphasis by the Federal Government on using alternative dispute resolution methods to resolve contract disputes. These methods are normally less expensive, faster, less intimidating and more responsive to the underlying problems of the dispute. Alternative dispute resolution is not effective for all disputes. Situations in which alternative dispute resolution would be effective are identified. Additionally, the characteristics and advantages of alternative dispute resolution are discussed. The current legislation concerning the Government's usage of alternative dispute resolution is the Administrative Dispute Resolution Act of 1990. The specific components of the Act are reviewed. The conventional dispute resolution process, and its disadvantages, are presented for comparison purposes. In September 1993, the United States Navy and Lockheed Corporation successfully used negotiations to settle a dispute concerning the termination of the Long Range Anti-submarine Warfare Capability Aircraft program. A case analysis was conducted on the issues of the dispute, the reasons a negotiated settlement was used and of the actual negotiation process and results.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations Publisher : ISBN 13 : Total Pages :128 pages Book Rating :4.3/5 (91 download)
Book Synopsis Alternative Dispute Resolution Use by Federal Agencies by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Download or read book Alternative Dispute Resolution Use by Federal Agencies written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1989 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Appropriate Use of Alternative Dispute Resolution Techniques to Resolve Contract Disputes by : Joseph M. McDade
Download or read book The Appropriate Use of Alternative Dispute Resolution Techniques to Resolve Contract Disputes written by Joseph M. McDade and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Disputes and International Projects by : D.G. Carmichael
Download or read book Disputes and International Projects written by D.G. Carmichael and published by CRC Press. This book was released on 2002-01-01 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book focuses on a number of issues to do with contractual disputes – avoidance and resolution – within projects, and provides this in an international context. All disputes cost money and time, without adding value to the project and some disputes appear to be unavoidable. Disputes can however be managed so as to reduce the negative impact that they have and some can even be avoided by adopting appropriate practices in a timely manner. This book covers; Dispute avoidance practices and non-adversarial projects, as well as issues of trust, goodwill and cooperation. A framework for negotiation, and a range of alternative methods of dispute resolution. Case studies, involving single and multiple cultures.
Book Synopsis Sourcebook by : Marguerite S. Millhauser
Download or read book Sourcebook written by Marguerite S. Millhauser and published by . This book was released on 1987 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Mini-Trial by : Steven A. Morgan
Download or read book The Mini-Trial written by Steven A. Morgan and published by . This book was released on 1997-12-01 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to avoid unnecessary, time consuming, and costly litigation, the Department of Defense, and more specifically the United States Navy, has adopted the use of alternative dispute resolution (ADR) to resolve contract disputes. One of the less-used but highly successful ADR techniques is known as the Mini-Trial. The primary goals of this thesis are to provide contracting professionals and attorneys with a better understanding of the Mini-Trial, explore how the Navy might make better use of the technique, and outline the steps the Navy should take to further implement its use. The thesis provides information on the Mini-Trial's background, factors for use, advantages and disadvantages, format, and roles of participants. The researcher found that there are a number of issues surrounding the Mini-Trial including; problems with neutrals and principals, and the perception that the Navy was reluctant to use the technique. Principal findings from the research revealed that there are key measures of success for the Mini-Trial, that barriers exist to convince contractors to participate, that there are certain conditions for its use, and that the Navy will increase its use of the technique in the further. Principal recommendations are that the Navy should not second guess its principals, ensure settlement funds are paid promptly, establish an agency ombudsman to answer ADR questions, and conduct face-to-face discussions with contractors to convince them that the Mini-trial and ADR are in both parties' best interest.
Book Synopsis Getting to the Table by : William R. Potapchuk
Download or read book Getting to the Table written by William R. Potapchuk and published by . This book was released on 1990 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Government Contracting Officers Should Make Greater Use of ADR Techniques in Resolving Contract Disputes by : Richard J. Bednar
Download or read book Government Contracting Officers Should Make Greater Use of ADR Techniques in Resolving Contract Disputes written by Richard J. Bednar and published by . This book was released on 1989 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Government Contracting Officers Should Make Greater Use of Alternative Dispute Resolution Techniques by : Richard J. Bednar
Download or read book Government Contracting Officers Should Make Greater Use of Alternative Dispute Resolution Techniques written by Richard J. Bednar and published by . This book was released on 1990 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Book Synopsis Alternative Dispute Resolution Techniques by : Douglas S. McDowell
Download or read book Alternative Dispute Resolution Techniques written by Douglas S. McDowell and published by . This book was released on 1993 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
