In procurement today, contractors and the Government place a premium on resolving disputes swiftly, effectively and economically. Unfortunately, if the parties are unable to quickly resolve their disputes at the onset, litigation rarely satisfies those objectives.

For many disputes there is an alternative—a faster, easier, cheaper and more efficient method to resolve disputes: Alternative Dispute Resolution (ADR).

ADR is growing rapidly in its applications and popularity. This program details ADR in public contract disputes, and details when ADR should be used; procedures; and each side's rights and strategies; and includes special Workshop Sessions on effectively using ADR.

The program is for contractor and Government representatives whose responsibilities involve construction and contract claim disputes and the resolution of those disputes: contracting officials, attorneys, contractors, managers, engineers, and all others who require a solid understanding of proven ADR techniques and issues.

Further, each attendee will receive a comprehensive Course Manual that will serve as a daily-referral guide to ADR—containing the statutory, policy and regulatory bases for disputes and resolutions, along with sample agreements, forms, and formats for your use in actual ADR proceedings.

1. The Nature Of ADR
   1. Consensual
   2. Disputants Control The Results
   3. Avoids Litigation Cost & Delays
   4. Avoids "Hidden Cost" Of Litigation
   5. Preserves The Working Relationship

2. The Histroy Of ADR In Federal Procurement
   1. Gradual Pursuit of ADR
   2. Congressional Interest
   3. The Adminstrative Dispute Resolution Act
   4. The Clinton Administration Position

3. Forms of ADR
   1. Abritration-How It Differs
   2. Factfinding
   3. Mini-Trail
   4. Mediation
   5. Negotiation
   6. Facilitation
   7. Convening
   8. Settlement Judges
   9. Disputes Resoluton Boards
   10. Summary Trial
   11. Case Management
   12. Ombubsmen
   13. Other Forms

4. The Upfront Choices
   1. When Is ADR Appropriate
   2. Which ADR Form Is Best For Your Dispute
   3. Choosing The Players
      1. Who/how to choose the Neutral?
      2. Who will be the Principals?
   4. Deciding On the Ground Rules
      1. What is the schedule?
      2. What pre-meeting documentation will be allowed?
      3. How will the fact-finding be conducted?
      4. How will the negotiation meeting be handled?
      5. Audit
      6. Confidentiality
   5. Developing The ADR Agreement

5. The ADR Process
   1. The Degree Of Formality Involved
   2. Role Of The Player
      1. Principals
      2. Neutrals
      3. Legal Counsel
      4. Subcontractors
      5. Other interested parties
   3. Factfinding
      1. Presenting evidence and its weight
      2. Expert & lay witnesses
      3. Use of visual aids
      4. Quantum presentations
   4. Negotiation
      1. Tactics & strategies
      2. Keeping focused on the practical considerations
      3. Separating the issues from the emotions
6. Finalizing The Settlement
   1. Need For A Memorandum Of Agreement
   2. Modifying The Contract
      1. Gov't approvals
      2. Internal justifications
      3. Memorandum from the Neutral
   3. Payment
      1. Sources of funding
      2. Interest
      3. Expedited payment
      4. Agency procedures

7. ADR In Government Contract Disputes
   1. Technical Considersations
   2. Legal Basis For ADR Settlements
   3. When To Initiate ADR
      1. Before or after the Contracting Officer's final decision
      2. The Contracting Officer's ADR authority
      3. Streamlined Board & Court ADR procedures
   4. ADR Use By Federal Agencies
      1. Defense Department
      2. General Services Administration
      3. Justice Department
      4. Department of Energy
      5. Others
      6. Construction contracts
      7. Supply/service contracts

8. Overcoming Obstacles To Using ADR
   1. Unawareness Of ADR
   2. Apprehensiveness
   3. Agency ADR Policies
   4. Public Scrutiny
   5. In Factually Complex Cases
   6. In Legally Complex Cases

IN ADDITION.....Workshop Exercises will be conducted on how to prepare a productive ADR Agreement and on how to conduct an effective ADR presentation.