The Civilian Board of Contract Appeals (CBCA) regularly uses ADR processes to assist parties in a variety of disputes ranging from complex, multi-million dollar, multi-party issues to small dollar, small business disputes. CBCA Rule 54, Alternative Dispute Resolution, sets forth the CBCA’s rules and procedures for ADR. 48 CFR 6101.54. The rules can also be found on the CBCA’s website. The rules are very comprehensive and provide answers for most questions about the CBCA, including its approach to ADR.
It is important to note that ADR at the CBCA is voluntary; neither party to a dispute is required to choose it. For the CBCA to conduct an ADR proceeding, both parties must agree to use ADR. Most ADR processes allow the parties to proceed later with litigation if the ADR is unsuccessful, so many parties consider ADR a no-risk proposition. They will either reach a resolution they can live with, or they can walk away and continue with traditional litigation.
Subpages (5): ADR Outcomes at the CBCA | CBCA ADR Processes | Neutral Selection | Pre-Dispute ADR | Preliminary ADR Conference