By American Bar Association
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Additional resources for Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies
The first and most obvious choice for the parties to make is between binding and non-binding ADR. Among non-binding ADR techniques, the choices are less obvious. 1 Binding ADR As already discussed, the use of binding ADR procedures other than summary trials with binding decisions, as employed by the boards of contract appeals may have significant restrictions. In the administrative dispute context, there is still a bar to the use of binding arbitration until the agency promulgates guidelines on the use of binding arbitration.
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. 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.
St. U. L. Rev. 919 (1997); John Bickerman, Evaluative Mediator Responds, 14 Alternatives to High Cost Litig. . "); James B. , Nov. 1996, at 1; Dwight Golann, So You Want An Evaluation, 15 Alternatives to High Cost Litig. (1997); Dwight Golann & Marjorie Corman Aaron, Managing the Merits: The Use (and Misuse) of Evaluation in Mediation, Disp. Resol. , Jan. 1997; Samuel J. Imperati, Mediator Practice Models: The Intersection of Ethics and Stylistic Practices in Mediation, 33 Williamette L. Rev. 703 (1997); Kimberlee K.
Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies by American Bar Association