Facilitative mediation
A neutral facilitates resolution without imposing an outcome.
Acquisition
Acquisition ADR
Early, efficient, merits-based resolution of acquisition issues at the contracting officer level whenever the contracting officer has authority to resolve the issue.
Policy
Resolve by Mutual Agreement Where Possible
Army policy follows the government-wide policy of resolving contractual issues in controversy by mutual agreement at the contracting officer level, with reasonable efforts made before submission of a claim.
ADR may be used at any stage of the acquisition process when the contracting officer has authority to resolve the issue, and it may resolve all or part of the issues in controversy.
Army personnel involved in acquisition disputes must consider ADR in each issue, claim, and appeal arising from contract performance.
Bid Protests
Resolve Without Unnecessary Delay
ADR can help identify and resolve issues before and after a protest is filed at the Government Accountability Office or Court of Federal Claims.
FAR 33.103 encourages best efforts to resolve concerns at the contracting officer level through open and frank discussions, using inexpensive, informal, procedurally simple, and expeditious methods.
GAO ADR may take the form of negotiation assistance or outcome prediction, helping parties resolve protests before a written decision.
Claims & Appeals
Fit the Form to the Fuss
Evaluative mediation
A neutral provides feedback on strengths, weaknesses, and litigation risk.
Summary trial with binding decision
A neutral decides the matter through a streamlined process.
Subject-matter experts
ASBCA judges regularly assist with contract-administration ADR at no cost to the parties.