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Additional info for Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies

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Matching Your Controversy with the Appropriate ADR Techniques 19 A. The Dispute Resolution Spectrum 19 B. Considerations for Choosing Specific ADR Techniques 22 1. Binding ADR 22 2. Non-Binding ADR 23 a. Mediation 23 b. Minitrial 24 c. Outcome Prediction 24 V. Timing of ADR Use 26 A. Knowledge of the Facts/Need for Fact Finding 26 B. Financial Considerations 26 1. Contractor Financial Considerations 26 2. Government Financial Considerations 29 C. Protests: ADR Use by the GAO Timing 29 1. ADR Use Prior to Protest Submission 29 2.

Timing of ADR Use 26 A. Knowledge of the Facts/Need for Fact Finding 26 B. Financial Considerations 26 1. Contractor Financial Considerations 26 2. Government Financial Considerations 29 C. Protests: ADR Use by the GAO Timing 29 1. ADR Use Prior to Protest Submission 29 2. ADR Use after Protest Submission 29 D. Claims: ADR Timing 31 1. ADR Use Prior to CDA Claim Submission 31 Page iii 2. ADR Use after CDA Claim Submission 32 3. ADR Use after Issuance of Contracting Officer Final Decision 33 VI.

On occasion, for the sake of efficiency or because the parties have confidence in the settlement judge's fairness and impartiality, they may agree to allow the settlement judge to continue on as the ultimate adjudicator. ) The parties are usually given a great deal of flexibility in structuring the settlement judge process, including the agenda for their settlement discussions. The expectation is that each party will have a representative at the discussions with authority to settle the dispute and will act in good faith in all aspects of the proceedings, with the view of resolving the contract controversy.

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Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies by American Bar Association


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