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

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Even though ADR is an entirely voluntary process, if a party rejects the other's request for ADR proceedings, both the Contract Disputes Act (CDA) and the FAR require that party to provide a written explanation for rejecting ADR. C. 233-1, "Disputes (December 1998)". The FAA Office of Dispute Resolution for Acquisition (ODRA) imposes a similar requirement with respect to ODRA proceedings, which are exempt from the FAR. See Section X. B The DoJ Guidelines for Use of ADR in Federal Litigation Disputes pending before federal courts are not subject to the terms of the ADRA of 1996.

5 The ADRA of 1996 insulates an agency's decision to use ADR from judicial review. C.  . "). Even though ADR is an entirely voluntary process, if a party rejects the other's request for ADR proceedings, both the Contract Disputes Act (CDA) and the FAR require that party to provide a written explanation for rejecting ADR. C. 233-1, "Disputes (December 1998)". The FAA Office of Dispute Resolution for Acquisition (ODRA) imposes a similar requirement with respect to ODRA proceedings, which are exempt from the FAR.

Will decide the case," as a primary element in the neutral's strategic arsenal. Eric D. Green, Successful Mediation of Construction Claims, Construction Advocacy & All That Jazz, ABA Forum Annual Meeting 8 (Apr. 25, 1997) (on file with the author). He indicated, however, that such predictions should be reserved from a personal judgment of the issues, which he categorized as inappropriate. See id.  . and permitting each party a separate, private opportunity to present its best case, the neutral is prepared, with the parties' consent, to present proposed settlement terms for separate consideration by each party.

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