When a matter is filed at the United States Court of Federal Claims (COFC), counsel for the parties are required to confer and submit a Preliminary Status Report. Part of this early meeting, as well as their report, must include a discussion regarding the use of ADR. COFC Rules, Appendix A at 3(f) and 4(i). Shortly thereafter, the presiding judge will convene a pretrial conference to address scheduling and the the use of “special procedures to assist in resolving the dispute,” i.e., ADR. COFC Rule 16(c)(2)(I).
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.