By American Bar Association
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Extra info for Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies
For a general discussion of some of the issues that will likely present themselves when federal agencies begin issuing binding arbitration guidance, see J. Shaffer, C. Hahn & W. Focht, Challenges & Pitfalls in Drafting "Arbitration" Clauses, Construction Briefings No. 97-4 (Federal Publications, Inc. Mar. 1997); and J. R. Tolle, W. B. Barton & M. J. Mountain, Construction Arbitration Procedures/Edition II, Construction Briefings No. 90-13 (Federal Publications, Inc. Dec. 1990). A. . An Empirical Analysis, Ohio State Journal on Dispute Resolution, Vol.
A Non-Binding ADR Techniques 1 Mediation Mediation is an extremely flexible non-binding, negotiation-based process, whereby a third-party neutral assists the parties' dispute resolution efforts. The neutral facilitates communications between the parties, and helps them to identify and further define for themselves and for one another their respective interests (so-called ''facilitative" mediation). The goal is to produce a settlement solution, which is optimally satisfactory to both parties (a "win/win" solution).
United States Court of Federal Claims 76 E. United States District Courts 78 XI. Lessons Learned 80 A. The Parties' Perspective 80 B. The Neutrals' Perspective 81 Appendices Page 1 I Introduction Most federal government contract controversies1 settle and many that do not, should. Alternative Dispute Resolution (ADR) techniques can help parties settle their contract controversies2 and, in the process, avoid the time and expense of formal litigation. The term ADR refers to an array of non-binding and binding dispute resolution methods that involve the use of third-party neutrals to aid the parties in resolving these 1 The Administrative Dispute Resolution Act of 1996, Pub.