Sample ADR Training AgendasADR2022-02-17T18:15:20-05:00

## Sample ADR Training Agendas

## Electronic Guide to Federal Procurement ADR

This is a typical local facility ADR awareness training program that would be attended by a wide range of individuals, including procurement officials. The training starts with an ADR overview, then in the afternoon of the first day the group forms two break out groups. One group works on designing a local ADR program to deal with workplace disputes and the other group learns about ADR in procurement matters and Contracting ADR Program.

**ADR TRAINING PROPOSED AGENDA**

Day 1.

9:00-9:45 Introduction and Opening Comments.

Where We Have Been, Where We are Going Today, and What We Expect to Accomplish.

Briefly identify and discuss the different types of disputes at the facilities and how they disrupt operations: torts, contracts, discrimination complaints, grievances, other personnel matters, labor-management issues, informal workplace disagreements, bio-ethics issues, and patient complaints.

9:45-10:30 What is ADR and Mediation?

10:30-10:45 Break

10.45-11:15 North Westís Mediation Service Videotape: Mediation Techniques for Positive Solutions (30 minutes).

11:15-12:45 Role Play-Burning Sailboat Exercise (90 minutes)

12:45-1:45 LUNCH

1:45-2:15 Administrative Conference of the United States Videotape (20 minutes).

2:15 Group breaks into two sections: a Workplace Breakout Section and a Contract Break out Session. Contract Breakout Session

2:30-3:30 OVERVIEW

What are the alternatives to traditional litigation? The evolution of a claim will be explored from contract formation to litigation. Contract case examples. Focus on pre and post final decision applications.

3:30-4:30 WHERE DOES THE PROCESS BEGIN?
                    -                        -                          Meaning of a dispute. 
                      -                          Understanding disputes at the earliest possible level. 
                      -                          Discussion of traditional litigation processes and why it does not always do the best job. 
                      -                          Costs of litigation and deterioration of relationships. 

Time it takes for litigation.

4:30-5:00 STATUTORY FRAMEWORK

Discussion of ADR Act; CDA, Board and Court ADR policies, Department ADR policies

Day 2.

9:00-10:30 THE VARIOUS ADR TECHNIQUES THAT CAN BE USED TO SETTLE A CLAIM

Discuss the spectrum of ADR techniques: facilitation/conciliation; mediation; fact-finding; early neutral evaluation; settlement judge; mini-trial, arbitration.

10:30-10:45 Break

10:45-12:00 GENERAL QUESTIONS ABOUT THE CONTRACTING ADR PROGRAM

Workplace Breakout Section(this agenda would now need updating)

2:15-2:45 Who plays a role in these disputes, and how does the facility currently respond? Does ADR have the potential to mitigate the impact of these conflicts?

The Future of ADR in the agency and the federal government, and what the agency is doing to use ADR, Early Mediation Pilot Program, Contracting Pilot Program, Kentucky Mediation Project, Florida Mediation Project, Portland Project, Amarillo Project, Columbia Project, The Columbus Series, Iowa ADR Initiatives.

**Other Agencies’ ADR Programs.**

2:45-3:00 BREAK

3:00-4:00 Designing an ADR program that will meet the facility’s needs.

Day 2.

9:00-9:30 Designing and Developing an ADR Program The Nuts and Bolts of a Plan.

9:30-12:00 Creating your ADR plan, Using breakout sessions and facilitators.

12:00-1:00 LUNCH

1:00-2:00 What we learned and our next steps.

3:00 CONCLUSION

This is an annual symposium that is conducted in quarterly sessions at various locations to provide contracting personnel with updates on current and important procurement activities. At least one individual from each contracting activity attends one of the sessions (for each annual symposium) and is responsible for disseminating the information obtained to the local facility.

**CONTRACTING SYMPOSIUM**

3:00-5:00 Introduction and Opening Comments.
                    -                        What is ADR (and Mediation)? 
                    -                        ADR Contracting Program. 
                    -                        Role Play Exercise. 
                    -                        Panel Discussion. 
                    -                        Why use ADR and Mediation in Contract Matters? 
                    -                        How to use the ADR Program to Meet Your Needs. 
                    -                        OGC Assistance. 
                    -                        Timing the ADR Process. 
                    -                        When You Should (or Should Not) Use ADR. 
                    -                        Selecting and Tailoring the ADR Process. 
                    -                        The Roles of the Players. 
                    -                        This training was conducted for contracting personnel. 

**CONFLICT MANAGEMENT IN PROCUREMENT**
                    -                        9:00-9:15 Coffee and donuts. 
                    -                        9:15- 9:25 Welcome – Setting the tone of Management. 
                    -                        9:25-9:45 Fundamentals of Conflict Management. 
                    -                        9:45-10:30 Exercise: Burning Sailboat. 
                    -                        10:30-10:45 Break. 
                    -                        10:45-11:30 Overview of ADR spectrum. 
                    -                        11:30-12:45 Overview of Mediation. 
                    -                        Simulation OF a Mediated contract dispute. 
                    -                        12:45 – 1:30 Lunch (on site). 
                    -                        1:30 – 2:45 Overview of Partnering In Procurement. 
                    -                        2:45 – 3:00 Break. 
                    -                        3:00 – 4:15 Work team designs next steps. 
                    -                        4:15 – 4:30 Wrap-up. 

Another agenda used for training contracting personnel in ADR and to obtain buy in.

**USING ADR TO PREVENT/RESOLVE CONTRACTING DISPUTES**

Seminar Objectives:

To learn the legal and regulatory requirements regarding use of ADR in contracting (e.g., dispute resolution clause in FAR, changes in certification, etc.

To learn about ADR (including types of ADR and identifying when ADR is/not appropriate) and develop an understanding of interest-based negotiation. To begin developing skills in mediation advocacy.

To become familiar with the Agency’s and Boardís procedures regarding use of ADR in contract administration disputes.
                    -                        9:30 WELCOME BY THE EXECUTIVE DIRECTOR. 
                    -                        9:40 WHAT IS ADR? WHY SHOULD I USE IT? 
                    -                        10:15 AM I AUTHORIZED TO USE IT? WHO ELSE IS USING IT? 
                    -                        10:40 ARE THERE DIFFERENT TYPES OF ADR? WHEN SHOULD I USE THEM? 
                    -                        11:15 BREAK. 
                    -                        11:30 WHAT IS PARTNERING? DOES IT WORK? 
                    -                        12:15 LUNCH. 
                    -                        1:15 SHOULD I USE INTEREST-BASED NEGOTIATION? 
                    -                        1:40 WHAT IS MEDIATION? 
                    -                        2:00 MEDIATION IN ACTION: RESOLVING A COMPLEX BUSINESS DISPUTE – VIDEOTAPE AND DISCUSSION. 
                    -                        3:00 BREAK. 
                    -                        3:15 HOW DO I PREPARE FOR MEDIATION? 
                    -                        4:00 USING ADR AT THE BOARD OF CONTRACT APPEALS. 
                    -                        4:30 ANY QUESTIONS? 
                    -                        4:50 THAT’S IT!