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

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Introduction 1 II. Cases Suitable for ADR 5 A. Screening Criteria Mandated by Congress Under the ADRA of 1996 5 B. The DoJ Guidelines for Use of ADR in Federal Litigation 6 C. ADR Case Screening: Factors to Consider 8 III. ADR Techniques 12 A. Non-Binding ADR Techniques 12 1. Mediation 12 2. Settlement Judge 15 3. Minitrial 16 4. Advisory Opinion 16 5. Dispute Review Board 17 B. Binding ADR: Arbitration/Summary Trial with Binding Decision 17 Page ii IV. Matching Your Controversy with the Appropriate ADR Techniques 19 A.

Structuring/Conduct of the Negotiation Phase 49 E. Closing: Settlement Agreements 52 IX. Other Considerations 53 A. Information Exchange 53 1. Incurred Cost Audit 53 2. Discovery 54 3. Dealing with Classified Materials 57 Page v B. Confidentiality 57 1. Administrative Dispute Resolution Act of 1996 57 2. Other Confidentiality Protections 59 a. Contract Provisions 59 b. Federal Rule of Evidence 408 59 c. Federal Rule of Evidence 501 60 d. Protective Orders 61 C. Mechanics of Settlement 61 1. Preparing and Executing a Settlement Agreement 61 2.

Nevertheless, as a practical matter, federal sector decision-makers are likely to be strongly influenced by the presence of one or more of the factors. The factors are: 1. A definitive and authoritative decision is needed as a precedent; 2. The matter involves significant issues of government policy that require procedural development, and ADR will not assist policy development; 3. Maintaining an established policy and/or avoiding variations in decision is of special importance; 4. S. Army Litigation Center.

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


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