Outcome Prediction ADR

Outcome prediction ADR is the most frequently used type of ADR at GAO.  It may be appropriate where the record has been fully developed for the dispositive issues and there is clearly controlling precedent.  During outcome prediction ADR, the GAO attorney will explain orally the predicted outcome of the protest, along with an explanation of the basis for that view, and identify the party that will likely be successful.  If the GAO attorney predicts that the protest will be sustained, he or she may also identify recommendations for corrective action.  Outcome prediction ADR is usually conducted with the expectation that the unsuccessful party will take action (withdrawal of the protest or corrective action) that will resolve the protest rather than continuing to a final decision.  The parties should expect that the outcome predicted by the GAO attorney is provided with the approval of the attorney’s supervisors and therefore contains a high degree of certainty.