Application of the minitrial in Department of Defense contract disputes

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Authors
Stream, Chris K.
Subjects
Minitrial
ADR
contract disputes
CDA of 1978
Advisors
Roberts, Nancy C.
Lamm, David V.
Date of Issue
1993-06
Date
Publisher
Monterey, California. Naval Postgraduate School
Language
en_US
Abstract
Contract disputes between the Department of Defense (DoD) and its contractors are steadily rising. This growth in Government contract litigation is fueled in large part by the myriad of procurement regulations and laws that now permeate to the acquisition and contracting arena. This thesis first explores previous Government attempts to arrest the proliferation of litigation through the Contract Disputes Act of 1978, and then discusses initial attempts at utilizing alternative disputes resolution (ADR) methods as alternatives to traditional courtroom battles. One such ADR methodology is the minitrial, which has been used successfully by private industry since the early 1980's. Details of a typical' minitrial are provided, including its advantages and disadvantages. Additionally, criteria are established to assist in determining whether a minitrial would be beneficial in resolving disputes between the DoD and one of its defense contractors. Finally, recommendations are presented for utilizing ADR, specifically the minitrial, as a viable alternative to litigation
Type
Thesis
Description
Series/Report No
Department
Management
Organization
Naval Postgraduate School
Identifiers
NPS Report Number
Sponsors
Funder
Format
78 p.
Citation
Distribution Statement
Approved for public release; distribution is unlimited.
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