By American Bar Association
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Extra resources for Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies
In Section IV, we build on the discussion in Section III and reinforce the need to match the right type of ADR process to your needs in resolving a particular contract controversy. If a matter is appropriate for ADR, the next issues to consider are the practical and financial aspects associated with the timing of its use. We address these issues in Section V. The parties then need to design the ADR process to address the particular facts and circumstances of their controversy. We provide our treatment of this important topic in Section VI.
Need for Problem Solving or Development of Creative Alternatives: A thorough exchange of information and generation of alternatives and options will help the parties reach a principled and justifiable settlement. 3. Flexibility Desired in Shaping Relief: The parties are seeking relief that may be difficult to obtain in formal adjudication before a Dispute Resolution Forum. For example, the parties may want to achieve a more comprehensive resolution involving other issues between them, which are not part of the contract controversy being adjudicated.
Breakdown in communication due to personality conflicts. See Appendix 23. Page 22 and binding ADR) offer parties flexible options to the use of unassisted negotiations and public adjudication. Moreover, parties can mix and match ADR techniques to create "hybrid" combinations of ADR processes that more precisely address the needs of the parties. The key to selecting or designing the appropriate dispute resolution alternative is an in-depth understanding of when the different ADR processes should or should not be applied to resolve different types of disputes.
Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies by American Bar Association