Litigation Risk ADR

Litigation risk ADR may be appropriate in situations where the record has been sufficiently developed to allow the GAO attorney to assess the validity of each side’s arguments and provide feedback.  In litigation risk ADR, the GAO attorney will discuss the likely analysis of the case and will provide his or her assessment of the strengths and weaknesses of each side’s position.  It is expected that, with a better understanding of the GAO attorney’s views of each side’s arguments, the parties will be in a better position to reach a negotiated settlement, or to take other action (withdrawal of the protest or corrective action) that will resolve the protest without continuing to a final published decision.