Alternative Dispute Resolution

Federal Contract Law Firm Assists with Alternative Dispute Resolution

Contract Dispute Attorneys Help Resolve Disputes Through ADR

Learn More About Government Contracts and Awards

Alternative dispute resolution (ADR) includes a range of non-binding and binding techniques employed, with the assistance of third party neutrals, to resolve disputes. In recent years, ADR techniques have been used successfully by agencies throughout the federal government to resolve a wide variety of contractual, labor, regulatory and other disputes. In the procurement field, many contractors and agency procurement personnel recognize that ADR can be a valuable alternative to traditional litigation.

Types of Alternative Dispute Resolution

There are two specific ADR techniques:

  • Mediation, a technique in which the parties attempt to reach a settlement by negotiating directly with each other, through the facilitation of a third party neutral mediator chosen by the parties.
  • Arbitration, which utilizes a neutral to hear the dispute and render a decision. The federal government is required by law to use binding arbitration with respect to issues of fact.

Mediation and arbitration are each used in different circumstances. Mediation is typically appropriate when there is a possibility that the parties will be able to reach a mutually satisfactory agreement, while arbitration should be used when the parties need to quickly reach a final decision, but they are at impasse with no likelihood of being able to negotiate a settlement.

Advantages of Alternative Dispute Resolution

Generally, ADR techniques reflect a serious effort to design workable and fair alternatives to the traditional judicial system. ADR typically involves the presence of an impartial third party, or neutral, and when used appropriately, can offer numerous advantages over litigation, including:

  • Simplified and informal proceedings
  • Reduced legal expenses
  • Faster decisions

ADR also allows parties to keep the matter confidential, since no transcript of the proceeding is made and there are no disclosure requirements under the Freedom of Information Act. ADR is very flexible and allows the parties to choose a resolution method that takes into account the nature of the problem and the interests and objectives of the parties. Since ADR encourages cooperation between the parties and attempts to help them settle their disputes outside of the adversarial setting of a courtroom, the parties are often able to engage in future business relationships.

Contact Our Washington, D.C. Federal Contract Lawyers Today

If you have questions regarding alternative dispute resolution as it relates to the awarding of government contracts, contact the Whay Law Firm online or call (202) 448-9677 to schedule your initial consultation today.

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