Guidance on Use of Alternative Dispute Resolution for Litigation in FederalCourts

摘要

The Department of Justice (DOJ) views Alternative Dispute Resolution (ADR) asanother tool in its arsenal for achieving success in litigation. ADR techniques provide an alternative to case resolution through either negotiation or litigation proceedings. Moreover, use of ADR in no way means that the govenment is backing away from a strong negotiation position. Nor does the use of ADR techniques relax DOJ's duty to assert, where appropriate, dispositive motions, such as sovereign immunity and jurisdictional issues. The results achieved through ADR techniques should remain very similar to results achieved through negotiation or litigation.