ADR / Alternative Dispute Resolution
Doyle & Bachman represents clients in all types of ADR: binding arbitration, structuring of negotiated settlements of bid protests, claims and disputes involving government contracting, and more.
What is ADR? ADR has been defined as any technique that results in the non-judicial resolution of a dispute. It includes facilitation, mediation, fact finding, minitrials, early neutral evaluation, and arbitration. It encompasses the entire spectrum of techniques from unassisted negotiations with no participation by a neutral to binding arbitration with all of the due process available short of judicial involvement.
Litigation between vendors or contractors and the government, and between prime contractors and subcontractors or other parties, can be slow, expensive, and ultimately unsatisfying for all concerned. The swift, efficient and just resolution of disputes is the dominant incentive for parties to provide for ADR in pre-dispute agreements, and to adopt ADR in other situations after a dispute has arisen.
It has long been common for private contracting parties to attempt to resolve disputes between themselves through negotiation. Commercial arbitration and mediation organizations, such as the American Arbitration Association, offer the services of neutrals to implement parties' alternative dispute resolution agreements. A dramatic change has occurred in the government's willingness to settle disputes through ADR. It is now established policy for all agencies to encourage and apply ADR techniques, not only to contract disputes, but also to bid protests at the agency level, at the Government Accountability Office, and even after litigation has begun in boards of contract appeals or in court.
What does Doyle & Bachman offer our clients?
Doyle & Bachman LLP has advised and represented clients in all types of ADR. These include:
- binding arbitration between prime contractors and subcontractors, and other commercial disputes
- structuring of negotiated settlements of bid protests, claims and disputes involving government contracting
- mediation of commercial contract disputes and disputes between prime contractors and subcontractors
- minitrials and other ADR procedures to resolve disputes filed at the boards of contract appeals
- providing neutrals for binding arbitration and for mediation