{"id":27314,"date":"2022-02-17T14:52:15","date_gmt":"2022-02-17T19:52:15","guid":{"rendered":"https:\/\/adr.gov\/?page_id=27314"},"modified":"2022-02-18T15:40:00","modified_gmt":"2022-02-18T20:40:00","slug":"ch03","status":"publish","type":"page","link":"https:\/\/adr.gov\/guidance\/adrguide-home\/ch03\/","title":{"rendered":"Ch.03 – ADR is Effective"},"content":{"rendered":"<div class=\"fusion-fullwidth fullwidth-box fusion-builder-row-1 nonhundred-percent-fullwidth non-hundred-percent-height-scrolling\" style=\"background-color: rgba(255,255,255,0);background-position: center center;background-repeat: no-repeat;padding-top:0px;padding-right:0px;padding-bottom:0px;padding-left:0px;margin-bottom: 0px;margin-top: 0px;border-width: 0px 0px 0px 0px;border-color:#eae9e9;border-style:solid;\" ><div class=\"fusion-builder-row fusion-row\"><div class=\"fusion-layout-column fusion_builder_column fusion-builder-column-0 fusion_builder_column_1_1 1_1 fusion-one-full fusion-column-first fusion-column-last\" style=\"margin-top:0px;margin-bottom:0px;\"><div class=\"fusion-column-wrapper fusion-flex-column-wrapper-legacy\" style=\"background-position:left top;background-repeat:no-repeat;-webkit-background-size:cover;-moz-background-size:cover;-o-background-size:cover;background-size:cover;padding: 0px 0px 0px 0px;\"><style type=\"text\/css\"><\/style><div class=\"fusion-title title fusion-title-1 fusion-title-text fusion-title-size-two\" style=\"margin-top:0px;margin-right:0px;margin-bottom:31px;margin-left:0px;\"><h2 class=\"title-heading-left\" style=\"margin:0;\">Ch.03 – ADR is Effective<\/h2><span class=\"awb-title-spacer\"><\/span><div class=\"title-sep-container\"><div class=\"title-sep sep-double sep-solid\" style=\"border-color:#e0dede;\"><\/div><\/div><\/div><div class=\"fusion-text fusion-text-1\"><p>Experienced federal contracts practitioners know that ADR is effective. \u00a0Because it is effective, ADR has become a well-integrated and essential tool in the federal contract protest and dispute resolution process. \u00a0Though not every contract dispute can or should be resolved using an ADR process, ADR should be considered.<\/p>\n<blockquote>\n<p><u><strong><em>ADR Saves Time<\/em><\/strong><\/u>. \u00a0A dispute can be resolved much sooner with ADR, often in a matter of months, even weeks. \u00a0In contrast, litigating a contract dispute frequently takes a year or more. \u00a0In each case, parties decide the most appropriate time to use ADR, e.g., pre-claim, pre-appeal, pre-discovery, post-discovery, pre-hearing, post-hearing. \u00a0If early ADR does not result in settlement, the parties may still wish to try ADR again later.<\/p>\n<p><u><strong><em>ADR Saves Money<\/em><\/strong><\/u>. \u00a0ADR normally is significantly less expensive than litigation. \u00a0When cases are resolved earlier through ADR, parties can save substantial money they would have spent on attorney fees, discovery costs, experts\u2019 fees, travel costs, and other litigation expenses.\u00a0\u00a0Moreover, forums typically make their judges available free to the parties as ADR neutrals, particularly when parties regularly appear before those boards.<\/p>\n<p><u><strong><em>ADR Offers Various Methods For Resolution<\/em><\/strong><\/u>. \u00a0Variety and flexibility characterize ADR. \u00a0ADR processes can be binding, non-binding, or a combination of both. \u00a0Not all neutrals employ the same style. \u00a0Some use an evaluative approach while others use a more facilitative approach, and most are receptive to the parties\u2019 views on how they would like a particular ADR conducted and what role the neutral should play. <em>See<\/em> <a href=\"https:\/\/adr.gov\/guidance\/adrguide-home\/ch01\/\">Ch.01, ADR Processes<\/a>.<\/p>\n<p><u><strong><em>ADR Increases Parties\u2019 Control Over the Process and the Outcome<\/em><\/strong><\/u>. \u00a0In ADR, parties play a large role in shaping both the ADR process and its outcome. \u00a0They have direct input in neutral selection. \u00a0If the parties had past favorable experience with a particular neutral, they may be able to request and obtain the services of that neutral to assist them in resolving their current dispute. \u00a0During the ADR process, parties have more opportunity to tell their side of the story in a more cohesive way than they would at hearing, which typically uses a question and answer format of direct and cross-examination. \u00a0In ADR, parties can communicate their thoughts and concerns in a way not constrained by formal rules or procedures. \u00a0ADR affects control over outcome of the dispute because unless the parties have voluntarily elected a binding form of ADR, they maintain control over whether or not to settle. \u00a0<em>See<\/em> <a href=\"https:\/\/adr.gov\/guidance\/adrguide-home\/ch23\/\">Ch.23, Selecting a Process<\/a>.<\/p>\n<p><u><strong><em>ADR Allows Creative Solutions<\/em><\/strong><\/u>. \u00a0Sometimes the best solution for parties with a contract problem is not available through litigation. \u00a0ADR processes allow the parties to be creative and to focus on both legal and extra-legal issues when devising possible resolutions for their dispute. \u00a0In ADR, all potential solutions that the parties mutually agree to consider can be considered. \u00a0ADR can help the parties work through problems that might only be exacerbated if the problem is elevated to or continues in litigation. \u00a0Also, litigation focuses more on legal rights and responsibilities, whereas in ADR less tangible, though still vital, interests of both parties are frequently discussed (e.g., more rapid payment and continued contract performance). \u00a0<em>See<\/em> <a href=\"https:\/\/adr.gov\/guidance\/adrguide-home\/ch28\/\">Ch.28, Creative Solutions<\/a>.<\/p>\n<p><u><strong><em>ADR Helps Parties\u2019 Focus and Narrow the Issues<\/em><\/strong><\/u>. \u00a0Even if an overall settlement is not achieved through ADR, the ADR process can work to narrow the issues in dispute and help the parties to focus on the facts that are most critical as they proceed with litigation.<\/p>\n<p><u><strong><em>ADR Helps Preserve and Repair Relationships<\/em><\/strong><\/u>. \u00a0Many disputes occur in the context of longstanding and ongoing relationships. \u00a0An ADR proceeding that addresses all parties\u2019 interests often can help preserve a working relationship in ways that are not available in adjudication. \u00a0An experienced neutral can maintain a non-adversarial tone throughout the ADR proceeding and can help the parties learn to communicate their needs and respective points of view more effectively to one another, so that understanding between them prevails and future disputes are averted.<\/p>\n<p><u><strong><em>ADR Increases Parties\u2019 Satisfaction<\/em><\/strong><\/u>. \u00a0In an adjudicated decision, issued after a hearing, there is typically a winner and a loser.\u00a0The loser is not likely to be happy, and even the winner may not be completely satisfied with the outcome. \u00a0ADR can help the parties find mutually satisfactory solutions that also achieve each party\u2019s real goals. \u00a0This, along with all of ADR\u2019s other potential advantages in terms of cost and time savings, may increase the parties\u2019 overall satisfaction with both the dispute resolution process and the outcome. \u00a0Parties generally are more satisfied with solutions that they fashion, as opposed to solutions that are imposed on them by a judge.<\/p>\n<p><u>A<strong><em>DR Can Improve Attorney-Client Relationships<\/em><\/strong><\/u>. \u00a0Attorneys may also benefit from ADR by being seen as problem-solvers rather than combatants. \u00a0Quick, cost-effective, and satisfying resolutions are likely to produce happier clients and may generate repeat business from those clients as well as future referrals to friends and associates. \u00a0In addition, experienced attorneys recognize that their clients more likely will accept a less than favorable appraisal of the weaknesses of their case from a neutral with expertise in public contracts, especially from a sitting judge, rather than directly from them. \u00a0In this way, ADR can help to preserve the attorneys\u2019 relationships with their clients.<\/p>\n<\/blockquote>\n<p><strong>LEARN MORE<\/strong><\/p>\n<p><a href=\"https:\/\/adr.gov\/wp-content\/uploads\/2022\/02\/ODRA-CASE-MANAGEMENT-STATS.pdf\" target=\"_blank\" rel=\"noopener\">Statistics – ODRA Cases<\/a><br \/>\n<a href=\"https:\/\/adr.gov\/wp-content\/uploads\/2022\/02\/ADR-Statistics-table-website20140421.pdf\" target=\"_blank\" rel=\"noopener\">Statistics – ASBCA Cases<\/a><\/p>\n<\/div><div class=\"fusion-clearfix\"><\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":6,"featured_media":0,"parent":27194,"menu_order":8,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/pages\/27314"}],"collection":[{"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/comments?post=27314"}],"version-history":[{"count":0,"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/pages\/27314\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/pages\/27194"}],"wp:attachment":[{"href":"https:\/\/adr.gov\/wp-json\/wp\/v2\/media?parent=27314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}