Mini-Trial: A Valuable Alternative Dispute Resolution Tool for the United StatesNavy

摘要

In order to avoid unnecessary, time consuming, and costly litigation, theDepartment of Defense, and more specifically the United States Navy, has adopted the use of alternative dispute resolution (ADR) to resolve contract disputes. One of the less-used but highly successful ADR techniques is known as the Mini-Trial. The primary goals of this thesis are to provide contracting professionals and attorneys with a better understanding of the Mini-Trial, explore how the Navy might make better use of the technique, and outline the steps the Navy should take to further implement its use. The thesis provides information on the Mini-Trial's background, factors for use, advantages and disadvantages, format, and roles of participants. The researcher found that there are a number of issues surrounding the Mini-Trial including; problems with neutrals and principals, and the perception that the Navy was reluctant to use the technique. Principal findings from the research revealed that there are key measures of success for the Mini-Trial, that barriers exist to convince contractors to participate, that there are certain conditions for its use, and that the Navy will increase its use of the technique in the further. Principal recommendations are that the Navy should not second guess its principals, ensure settlement funds are paid promptly, establish an agency ombudsman to answer ADR questions, and conduct face-to-face discussions with contractors to convince them that the Mini-trial and ADR are in both parties' best interest.