The parties to a civilian agency contract may ask the CBCA for ADR assistance any time there is an issue in dispute, from pre-claim, through the early appeal process, to post-hearing. It is important to note that the later that ADR is requested, the more costs are incurred and the more entrenched the parties’ positions become. ADR procedures can also be used for the entire dispute or just parts of it, as the parties agree.
Upon request, the Board will make a judge neutral available for an ADR proceeding, even if a contracting officer’s decision has not been issued. To initiate an ADR proceeding for all matters other than docketed CDA appeals, the parties should jointly request ADR in writing and direct such a request to the Board Chairman. 48 CFR 6101.54(a)(1).