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Developing an Arbitration Process for Resolving Contract Disputes - Preparing for the Worst While Hoping for the Best

NCJ Number
93271
Author(s)
J B Trattner; G J Miller
Date Published
1979
Length
23 pages
Annotation
This report is one of 17 case studies (UMTA-G1-11-0006-81-1 through UMTA-GA-11-0006-81-17) on the management of the Metropolitan Atlanta Regional Transit Authority (MARTA). The series covers a wide range of issues associated with the operation and management of a major transit system. Some of the issues discussed in the 17 case studies are as follows: Contract Disputes and Arbitration; Assessing Electoral Defeat; Intergovernmental Coordination; Relocation Appeals Panel; Marketing; Stations; Ethics; General Manager's Office; EEO; Elderly; Community Conflict and Historic Preservation; Transitions; Fares; Political Decisions; Bus System Acquisition; and Executive Performance.
Abstract
This case study addresses the development and implementation of arbitration strategies at MARTA. The report describes the effort to defuse the destructive potential for conflict among MARTUMTA, and contractors over the handling of contract disputes. The 3 existing MARTA strategies aimed to limit conflict, namely -- assuming part of the risk of performance, using federal contract language and legal precedent, and providing absolute limits for work-stoppages -- did not prevent disagreements over contracts. After much effort and several dead-ends, MARTA executives settled on a method for resolving contractual disputes, namely, involving contract performance would be treated fairly, quickly, and cheaply. The appendices in this report are: MARTA Contract Clauses Relating to Arbitration, and MARTA Procedures for Contractor Claims. (NTIS abstract)