Ch.15 – The ASBCA
The Armed Services Board of Contract Appeals (ASBCA) recorded its first ADR in 1987 and since then has used ADR, voluntarily and jointly requested by the parties, in over 1,800 matters. The ASBCA uses two basic forms of ADR — binding ADR in the form of a summary proceeding with binding decision and non-binding ADR in the form of mediation. However, the ASBCA is open to the use of any reasonable ADR method that will increase the likelihood of successful dispute resolution. In addition, ADR can be used successfully at any stage of the dispute process. The ASBCA website contains its up-to-date ADR guidance, sample agreements and statistics.
The ASBCA may also participate in off-docket ADR matters not subject to the Board’s Contract Disputes Act jurisdiction when requested to do so pursuant to the Interagency Neutral-Sharing Arrangement or by other federal, state or local agencies and/or private parties.