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Extra info for Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies

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Typically, as with most mediations, the parties also submit position papers for the settlement judge to review before 9 According to a 1996 survey of BCA judges regarding their ADR experience and attitudes: "Non-binding ADR accounted for roughly 60 percent of the ADR proceedings from fiscal year 1987 through fiscal year 1994. The settlement judge approach was used in roughly 50 percent of the procedures, with minitrials or modifications thereof accounting for the remaining 10 percent. " See Judge Martin J.

Mediation may be done either in person or by telephone, but is best done in person. After selecting the neutral, the process normally involves an exchange of position papers between the parties prior to an initial mediation session. This exchange of information serves the twin goals of educating the parties and the neutral and of forcing the parties to identify and assemble the support that may exist for their positions. Typically, the information exchange includes key documents culled from a larger database, as well as a summary statement of each party's position.

C. §572(b)(1). For example the case is expected to be one of many, and a precedent is needed to discourage further litigation, or the matter involves an important new area of the law that needs to be developed, or either party wants vindication of its rights. 2. The Government Wants/Needs to Develop or Establish a Policy: The matter involves or may bear upon significant questions of government policy that require additional procedures before a final resolution may be made, and an ADR proceeding would not likely serve to develop a recommended policy for the agency.

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