Ch.12 – Ct. of Fed. Claims
Although the United States Court of Federal Claims’ (COFC) has an automatic ADR referral program in place, the program does not apply to protests. See COFC General Order No. 44. This order, however, does not foreclose the use of ADR. Instead, it means simply that the court personnel are not automatically available for ADR, and parties may elect its use just as the parties are free to engage in unassisted settlement discussions.
The COFC is currently (May 2015) reviewing its ADR procedures. This chapter of the Electronic Guide to Procurement ADR 2d will be revised when new guidance from the court is issued.