What is ADR?
ADR has been defined as any technique that results in the conciliatory
resolution of a dispute. It includes facilitation, mediation, fact
finding, minitrials, early neutral evaluation, and arbitration. It
encompasses the entire spectrum of techniques from unassisted negotiations with
no participation by a neutral to binding arbitration with all of the due process
available short of judicial involvement.
Litigation between vendors or contractors and the Government, and between
prime contractors and subcontractors or other parties, can be slow, expensive,
and ultimately unsatisfying for all concerned. The swift, efficient and
just resolution of disputes is the dominant incentive for parties to provide for
ADR in pre-dispute agreements, and to adopt ADR in other situations after a
dispute has arisen.
It has long been common for private contracting parties to attempt to resolve
disputes between themselves through negotiation. Commercial arbitration
and mediation organizations, such as the American Arbitration Association, offer the services of neutrals to implement parties' alternate dispute
resolution agreements. A dramatic change has occurred in the Government's
willingness to settle disputes through ADR. It is now established policy
for all agencies to encourage and apply ADR techniques, not only to contract
disputes, but also to bid protests at the agency level, at the General
Accounting Office, and even after litigation has begun in Boards of Contract
Appeals or federal courts.
What does Doyle & Bachman offer our clients?
Doyle & Bachman
LLP has advised and represented clients in all types of
ADR. These include:
- binding arbitration between prime contractors and
subcontractors, and other commercial disputes
- structuring of negotiated settlements of bid protests, claims and disputes
involving Government contracting
- mediation of commercial contract disputes and disputes between prime
contractors and subcontractors
- minitrials and other ADR procedures to resolve disputes filed at the
Boards of Contract Appeals
- providing neutrals for binding arbitration
