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 2005 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Alternative Dispute Resolution written by David S. Eaton and published by . This book was released on 1993 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: While arbitration and mediation have gained almost universal acceptance for settling commercial contract disputes, resolution of contract disputes in the Federal Government has continued to be slow, time consuming, and expensive. The participants in these processes have turned toward a new approach that offers an expedient, inexpensive, and less adversarial method for settling these disputes known as Alternative Dispute Resolution (ADR). This thesis provides information on various methods of ADR, detailing advantages, disadvantages, and characteristics for case suitability. The research found, through the interviews conducted and the literature reviewed, that there are general misconceptions and impediments to the implementation of ADR. There was a general lack of knowledge of the different methods of ADR available. Many of the personnel interviewed did not know of their full authority to use ADR as provided by the Administrative Dispute Resolution Act. One major obstacle that was found in evaluating ADR is that there is an absence of reliable data to support the claims of ADR. Personnel interviewed in the Federal Government indicated that there is a lack of incentives for the Government to use ADR. One reason for this was due to the use of the 'continued performance clause.

Download or read book Best Practices in Dispute Avoidance for Government Contracting written by American Bar Association. Task Force on Dispute Avoidance and Early Dispute Resolution and published by . This book was released on 2002 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Government Contract Law written by and published by American Bar Association. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Alternative Dispute Resolution written by David S. Eaton and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While arbitration and mediation have gained almost universal acceptance for settling commercial contract disputes, resolution of contract disputes in the Federal Government has continued to be slow, time consuming, and expensive. The participants in these processes have turned toward a new approach that offers an expedient, inexpensive, and less adversarial method for settling these disputes known as Alternative Dispute Resolution (ADR). This thesis provides information on various methods of ADR, detailing advantages, disadvantages, and characteristics for case suitability. The research found, through the interviews conducted and the literature reviewed, that there are general misconceptions and impediments to the implementation of ADR. There was a general lack of knowledge of the different methods of ADR available. Many of the personnel interviewed did not know of their full authority to use ADR as provided by the Administrative Dispute Resolution Act. One major obstacle that was found in evaluating ADR is that there is an absence of reliable data to support the claims of ADR. Personnel interviewed in the Federal Government indicated that there is a lack of incentives for the Government to use ADR. One reason for this was due to the use of the 'continued performance clause.

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.

Download or read book Government Contract Litigation Best Practices written by Aspatore Books and published by . This book was released on 2006-04-01 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government Contract Litigation Best Practices is an authoritative, insider's perspective on best practices for litigating government contract disputes. Featuring partners and chairs from some of nation's leading firms, these experts guide the reader through the intricacies of a government contract lawsuit, including important differences and similarities between commercial and government contract litigation, the regulations that govern government contracts and the conduct of government officials, and key differences between the forums available for dispute resolution. These top lawyers give tips on structuring bid protests, how to interest the government in alternative dispute resolution when appropriate, how to recognize and take advantage of settlement opportunities, and how to handle the possibility of collateral attacks.

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 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:

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:

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:

Download or read book Alternative Dispute Resolution written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1989 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Government and Industry Contracting Professionals Can Use ADR to Improve Contract Performance written by and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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:

Download or read book AAA Handbook on Construction Arbitration and ADR Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Download or read book ADR in Business written by Jean-Claude Goldsmith and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the and‘Aand’ stands for and‘appropriateand’, and‘amicableand’, or and‘alternativeand’, all out of court dispute resolution modes, collected under the banner term and‘ADRand’, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine and‘intertwined but variegatedand’ essays (to use the editorand’s characterization) provide substantial insight in such specific topics as: ADRand’s flexible procedures as controlled by the parties; ADRand’s facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the and‘neutraland’ as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and– growing in relevance every day and– that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.