ADR Law Notes - February 1997

Lessons Learned

Helpful Votes

Long Description: Our experience with ADR has taught us some valuable lessons. First, ADR appears to work best with straight forward legal issues. If a case involves complex legal issues, it should be resolved through summary judgment motions, or a Board decision supported by detailed findings. Second, it is critical to get the parties' to sign a detailed ADR Agreement. The ADR Agreement should clearly spell out the length of the parties' presentations. The parties presentations should cover all issues including both entitlement and quantum. If the arbitrator/judge's decision will be binding, the ADR Agreement should indicate that the decision is final with no reconsideration or appeal. Finally, the ADR Agreement should spell out who will bear the fees and expenses. In the appropriate cases, ADR can bring about the speedy resolution of contract disputes. ADR can also save the Government time and money when it is used correctly. However, ADR is not a magical formula to be applied to every case. However, it should always be considered as an option and used when appropriate.
URL Title: ADR Law Notes - February 1997
Web Site Address: http://www.dscc.dla.mil/offices/legal/adr/lawnotes/adr4.html
Benefit/Value: Benefit of Value
Keywords: ADR law notes; ADR agreement; decision