Alternative Dispute Resolution: A Case Analysis of a Negotiated Settlement
Abstract
There has been a recent increase in emphasis by the Federal Government on using alternative dispute resolution methods to resolve contract disputes. These methods are normally less expensive, faster, less intimidating and more responsive to the underlying problems of the dispute. Alternative dispute resolution is not effective for all disputes. Situations in which alternative dispute resolution would be effective are identified. Additionally, the characteristics and advantages of alternative dispute resolution are discussed. The current legislation concerning the Government's usage of alternative dispute resolution is the Administrative Dispute Resolution Act of 1990. The specific components of the Act are reviewed. The conventional dispute resolution process, and its disadvantages, are presented for comparison purposes. In September 1993, the United States Navy and Lockheed Corporation successfully used negotiations to settle a dispute concerning the termination of the Long Range Anti-submarine Warfare Capability Aircraft program. A case analysis was conducted on the issues of the dispute, the reasons a negotiated settlement was used and of the actual negotiation process and results.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jun 04, 1994
- Accession Number
- ADA283300
Entities
People
- Frederick M. Vanluit
Organizations
- Naval Postgraduate School