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

Date of Award

9-1991

Document Type

Thesis

Degree Name

Master of Science

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.

AFIT Designator

AFIT-GCM-LSL-91S-6

DTIC Accession Number

ADA244206

Comments

There is no digital version of this thesis available at this time.

Presented to the Faculty of the School of Systems and Logistics of the Air Force Institute of Technology, Air University, in Partial Fulfillment of the Requirements for the Degree of Master of Science.

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