Accession Number : ADA244206

Title :   The Use of Alternative Dispute Resolution Techniques to Resolve Government Contract Disputes: A Case Study.

Descriptive Note : Master's thesis,

Corporate Author : AIR FORCE INST OF TECH WRIGHT-PATTERSON AFB OH SCHOOL OF SYSTEMS AND LOGISTIC S

Personal Author(s) : Kraus, John N., Jr

Report Date : SEP 1991

Pagination or Media Count : 91

Abstract : The purpose of this study was to examine the decision-making processes involved in using Alternative Dispute Resolution (ADR) techniques in lieu of litigation to resolve government contract disputes. With the enactment of Public Law 101-552, The Administrative Dispute Resolution Act, federal agencies are encouraged to use mediation, arbitration, and other ADR techniques for the prompt and informal resolution of disputes. Although the use of ADR in the private sector is increasing dramatically, use within the government has been minimal, in part, because of a general lack of knowledge about ADR and its practical application. An initial step towards broadening the knowledge base is to document the decision-making processes in cases where ADR has been used. A descriptive case study method was used to evaluate six completed ADR cases and one as yet unresolved case. Each was examined to determine: why the parties used ADR instead of litigation; how the specific ADR techniques were chosen, and; how and on what basis the neutral advisor was chosen. Based on the data generated from each case, patterns and trends across the cases were identified.

Descriptors :   ADVISORY ACTIVITIES, BARGAINING, CASE STUDIES, CONTRACTS, DECISION MAKING, KNOWLEDGE BASED SYSTEMS, NEUTRAL, RESOLUTION.

Subject Categories : Administration and Management

Distribution Statement : APPROVED FOR PUBLIC RELEASE