Application of the Minitrial in Department of Defense Contract Disputes

摘要

Contract disputes between the Department of Defense (DoD) and its contractors aresteadily 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. Minitrial, ADR, contract disputes, CDA of 1978.