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:

Download or read book Report to the Administrative Conference of the United States 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:

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 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 Federal Dispute Resolution written by Jeffrey M. Senger and published by Jossey-Bass. This book was released on 2004 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Dispute Resolution provides a much-needed guide to using alternative dispute resolution in matters involving the federal government. This helpful resource is appropriate for anyone involved in the ADR process, including those who represent the government and those who have disputes with the government. In a highly accessible format, Federal Dispute Resolution offers valuable information about the benefits of the ADR process and outlines the laws and regulations that govern this burgeoning field. The book includes vital instructions on how to determine which disputes are best suited to ADR and how to select the type of ADR process that is most appropriate for a particular situation. It also includes step-by-step guidance on how to prepare for ADR and offers suggestions on how to advocate effectively in ADR. Received 2004 Best Book Award from the CPR Institute for Dispute Resolution

Download or read book Best Practices for Resolving Government Contract Disputes written by and published by . This book was released on 2008 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Best Practices for Resolving Government Contract Disputes is an authoritative, insiders perspective on best practices for representing and advising clients during government contract disputes. Featuring partners from law firms across the nation, these experts guide the reader through the common elements of a contract dispute and the skills required of an attorney to resolve the dispute successfully. These top lawyers reveal their advice on interviewing the client, conducting research, navigating the due diligence process, and ascertaining the clients objectives and goals. From ensuring that the contract is well-written to communicating with the contracting officer, these authors offer advice on how to avoid a dispute when first structuring the contract. Additionally, these leaders discuss how to overcome obstacles while remaining aware of outside factors that may impact the timeline and outcome of the dispute. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.

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 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 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 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 Federal Administrative Dispute Resolution Deskbook written by Marshall J. Breger and published by American Bar Association. This book was released on 2001 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Administrative Procedure Sourcebook written by William F. Funk and published by American Bar Association. This book was released on 2000 with total page 1036 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recommendations and Reports written by Administrative Conference of the United States and published by . This book was released on 1994 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Administrative Procedure Sourcebook written by and published by Administrative Conference of United States. This book was released on 1992 with total page 1058 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reauthorization of the Administrative Conference of the United States 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 1990 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Army Lawyer written by and published by . This book was released on 1997 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Code of Federal Regulations of the United States of America written by and published by . This book was released on 1991 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.