Federal Dispute Resolution: Using ADR with the United States Government / Edition 1

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Overview

In recent years the federal government has increasingly used alternative dispute resolution (ADR) to solve numerous internal conflicts and external disputes. Like many other private, nonprofit, and governmental organizations, the federal government has discovered that ADR saves time and money, provides greater predictability, fosters creativity, improves relationships, and increases satisfaction.

Federal Dispute Resolution provides a much-needed guide to using alternative dispute resolution in matters involving the federal government. This helpful resource is appropriate for anyone involved in the ADR process, including those who represent the government and those who have disputes with the government. In a highly accessible format, Federal Dispute Resolution offers valuable information about the benefits of the ADR process and outlines the laws and regulations that govern this burgeoning field. The book includes vital instructions on how to determine which disputes are best suited to ADR and how to select the type of ADR process that is most appropriate for a particular situation. It also includes step-by-step guidance on how to prepare for ADR and offers suggestions on how to advocate effectively in ADR.

In addition, Federal Dispute Resolution offers an in-depth examination of workplace and contracting disputes–the cases in which ADR is used most frequently. The book also covers special issues such as confidentiality, the political context of certain government fields, and ADR program design, management, and training.

Written by Jeffrey Senger–senior counsel in the Office of Dispute Resolution at the United States Department of Justice and leading expert on the topic of ADR and the federal government–Federal Dispute Resolution is the practitioner’s handbook for successfully negotiating the ADR process.

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What People Are Saying

From the Publisher
"A splendid reference. Senger knows the subject, for he has been a leader in promoting the use of appropriate dispute resolution by federal agencies as an alternative to litigation."
— Janet Reno, former Attorney General

"An indispensable guide to effective use of ADR in cases with the U.S. government. This book will help you navigate the remaining rocks and shoals of this important area."
— William H. Webster, former United States Court of Appeals Judge, United States District Court Judge, Director of the CIA, and Director of the FBI

"Mr. Senger's wise and practical book makes the case for using the techniques of ADR to resolve federal disputes."
— James A. Baker III, former Secretary of State, Secretary of the Treasury, and White House Chief of Staff

"Must-reading for anyone purchasing from, litigating with, or dealing with the federal government."
— Carrie Menkel-Meadow, professor of law and director, Georgetown-Hewlett Program in Conflict Resolution and Legal Problem Solving

"This is the best book I know for everyone— lawyer or client— who has a dispute with the U.S. government. . . . A wise government lawyer will have a copy, and so should you."
— Roger Fisher, professor emeritus, Harvard Law School; director, Harvard Negotiation Project; and coauthor, Getting to Yes

"From the Microsoft case to the conflict in Northern Ireland, dispute resolution is a vital part of the work of our government. Jeff Senger's book is a valuable guide to the techniques used in this field."
— George Mitchell, former United States Senate Majority Leader

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Product Details

  • ISBN-13: 9780787968588
  • Publisher: Wiley
  • Publication date: 10/3/2003
  • Edition description: First Edition
  • Edition number: 1
  • Pages: 416
  • Product dimensions: 6.14 (w) x 9.52 (h) x 1.25 (d)

Meet the Author

Jeffrey M. Senger is senior counsel in the Office of Dispute Resolution at the United States Department of Justice. He advises and trains federal lawyers around the country in negotiation and alternative dispute resolution. He is a faculty member at Harvard Law School’s Program on Negotiation, the National Institute of Trial Advocacy, and Harvard’s trial advocacy program. He has published numerous articles in the field and has testified before the United States Congress.

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Table of Contents

Foreword, by Frank E. A. Sander.

Preface.

1. Introduction.

2. Selecting Cases and Processes for Federal ADR.

3. Selecting and Hiring Neutrals for Federal ADR.

4. Preparing for Federal ADR.

5. Advocacy in Federal ADR.

6. ADR in Federal Workplace Cases.

7. ADR in Federal Contracting Cases.

8. Confidentiality in Federal ADR.

9. Federal ADR Program Design, Management, and Training.

10. Evaluation of Federal ADR Programs.

Appendix A: Administrative Dispute Resolution Act of 1996.

Appendix B: United States Department of Justice, Attorney General Order Promoting the Broader Appropriate Use of Alternative Dispute Resolution Techniques, April 6, 1995.

Appendix C: Alternative Dispute Resolution Act of 1998.

Appendix D: Presidential Memorandum on ADR, May 1, 1998.

Appendix E: Federal ADR Council, Confidentiality in Federal Alternative Dispute Resolution Programs, December 29, 2000.

Appendix F: Report to the President on the Interagency ADR Working Group, May 8, 2000.

Notes.

References.

Index.

About the Author.

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