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THE ADR PROCESS ~~~~~~~~~~ KEY ISSUES AND ELEMENTS

THE ADR PROCESS ~~~~~~~~~~ KEY ISSUES AND ELEMENTS. PRESENTED BY: Anthony N. Palladino Associate Chief Counsel and Director FAA Office of Dispute Resolution for Acquisition May 19, 1999. DECIDING WHETHER TO USE ADR IN YOUR CASE. DIFFERING VIEWS ON ADR USAGE

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THE ADR PROCESS ~~~~~~~~~~ KEY ISSUES AND ELEMENTS

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  1. THE ADR PROCESS~~~~~~~~~~KEY ISSUES AND ELEMENTS PRESENTED BY: Anthony N. Palladino Associate Chief Counsel and Director FAA Office of Dispute Resolution for Acquisition May 19, 1999

  2. DECIDING WHETHER TO USE ADR IN YOUR CASE • DIFFERING VIEWS ON ADR USAGE • APPLYING CASE SCREENING CRITERIA • The ADRA of 1996 • DoJ Guidelines

  3. CHOOSING A FORM OF ADR • THE RANGE OF ADR OPTIONS • BINDING V. NON-BINDING • FACILITATIVE MEDIATION • NEUTRAL EVALUATION

  4. THE ROLE OF LEGAL COUNSEL IN ADR • DECISIONMAKING AUTHORITY RETAINED BYCONTRACT MANAGER OR IPT • COUNSEL PROVIDES GUIDANCE ON: • LEGALITY • LITIGATIVE RISK • PRESENTATION ISSUES • SETTLEMENT AGREEMENTS

  5. NEGOTIATING AN ADR AGREEMENT • WRITTEN AGREEMENT DESIRABLE • AGREEMENT SHOULD INCLUDE: • SPECIFIC ADR PROCEDURE • SCHEDULE • SELECTION & COMPENSATION OF NEUTRAL • AVAILABLE SAMPLE AGREEMENTS

  6. CONFIDENTIALITY • A KEY ADR CONSIDERATION • ADR AGREEMENT MUST COVER • USE IN LITIGATION

  7. CHOOSING AN ADR NEUTRAL • CONSIDERATIONS: • REPUTATION • ADR EXPERIENCE • SUBSTANTIVE KNOWLEDGE • IN-HOUSE OR OUTSIDE NUETRALS • BCA JUDGES

  8. PREPARING FOR ADR • DEVELOP FACTUAL & LEGAL ISSUES • DOCUMENT EXCHANGES & DISCOVERY • PREPARE POSITION STATEMENTS • DESIGNATE PRINCIPAL

  9. DECIDING TO SETTLE • RISK ASSESSMENT ESSENTIAL • EVALUATE COSTS & BENEFITS • CONSIDER: • RELATIVE STRENGTHS & WEAKNESSES • COSTS TO PROGRAM • EFFECTS ON RELATIONSHIP • BENEFITS OF SETTLEMENT

  10. MEMORIALIZING THE SETTLEMENT • REQUIRE A WRITTEN AGREEMENT • SIGN PRELIMINARY BEFORE LEAVING THE ADR SESSION • ADAPT AVAILABLE FORM AGREEMENTS • SIGNATORIES WITH AUTHORITY

  11. MEASURING SUCCESS • VARIOUS METHODS AVAILABLE • COMPARE TO RISK ANALYSIS • COMPARE SETTLEMENT TO CLAIM • COMPUTE SAVINGS COMPARED TO : • FURTHER LITIGATION COSTS & TIME • NEGATIVE IMPACT OF CONTINUED LIT. ON PROGRAM OR OTHER WORK

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