Government Alternative Dispute Resolution
ADR Process
Alternative Dispute Resolution (ADR) is recommended by the courts and most attorneys to save time and expense. It's also effective in producing a more equally satisfying outcome for both parties. Whether a prime contractor or subcontractor, the Busch Law Firm represents our government contract clients in ADR to resolve claims, disputes, or protests with the government or between contractors.
Advantages of Alternative Dispute Resolution (ADR)
ADR is used in both government disputes, protests, and claims as well as private party conflicts. When faced with a business dispute, you must consider how that conflict will affect your business:
Disruption;
Cost of conflict;
Maintaining relationships;
Reputation; and
Cost of litigation.
The ADR process is an obvious approach for those concerned about any of the factors listed above. Discussions between the parties cannot be used in court later if the ADR process fails. This process creates an environment of open exchange if the parties want to resolve the issue. Since there is no "who is right" or "who is wrong" in a mediation, the parties' sole focus is on an agreeable resolution. ADR is about cooperative problem solving and confidentiality.
Mediation as One of the Methods of Alternative Dispute Resolution
Photo Courtesy of David Welch
There are many methods of Alternative Dispute Resolution. One method, mediation, has a high rate of success when trying to avoid a negative effect on contractual relations. Mediation is a subset of the negotiation process. When the parties are at an impasse, it is very effective in helping resolve problems with the assistance of a neutral party during negotiation.
While neither party "wins" the negotiation, the focus is not on a "win-lose" solution like you would see in litigation. In mediation, the parties are encouraged to develop a "win-win" resolution that addresses all parties' concerns. You may not get everything you want, but you do settle the dispute within the boundaries YOU want.
Use of ADR Techniques by Government Agencies
Government agencies use the ADR process to resolve a wide variety of protests, conflicts and disputes. The Government has declared a primary goal to resolve all conflicts at the lowest level, if possible. As an administrative process, ADR:
Will define the issue in controversy;
Recognize the voluntary election by all parties to use the ADR process;
Require the parties to draft an agreement defining the procedures to use ADR; and
Ensure all parties will have representatives in attendance who are authorized to resolve the issues in controversy. Authorized representatives at the meeting provides a clear intention to resolve the conflict.
Achieving a better understanding of the Government's concerns, viewpoints and goals for mission success (and vice versa) can improve performance
concerns, understandings and relationships.
You can measure the success of the ADR technique through intangible benefits. Many times when the parties work through the resolution of a dispute, the ongoing relationship is improved.
Issues in controversy do not need to escalate into relationship damaging disputes or litigation. Through the use of the ADR process, our focus is on helping you use this administrative process to protect your rights while successfully resolving any conflict.
Government Contract ADR Services
The Busch Law Firm has substantial experience working with our government contract clients to resolve disputes in the most economical, efficient manner. We will work with you to identify alternative resolution techniques to maintain relationships and solutions that will promote mission success.