Pre-Disputes at the ODRA
The ODRA uses the term “pre-dispute” to describe matters that come into the office prior to the filing of a formal protest or contract dispute. 14 CFR 17.57. A party files a written pre-dispute with the ODRA, which in turn provides convening services to contact the potential opposing party to investigate whether voluntary, early ADR procedures would be appropriate. If so, the ODRA will offer its one administrative judges to assist the parties as necessary to develop the appropriate procedures and serve as the neutral if desired. The ODRA has had significant success with this procedure, and over 95% of the matters addressed in this manner have not proceeded to a formal protest or contract dispute. Parties considering this procedure should note that “the time limitations for filing of Protests and Contract Disputes . . . will not be extended by efforts to resolve the dispute under this subpart.” Id.