Issues in controversy are ripe for ADR even after a board of contract appeal decision, an FAA Administrator’s order, or a decision from the U.S. Court of Federal Claims.
Most appellate matters in the field of government contracts are filed at the U.S. Court of Appeals for the Federal Circuit. That court has a well-developed mediation program that has been in place since 2005. The program provides experienced volunteer mediators at no or little cost to the parties in appropriate cases. The court’s website fully describes the program.
A few kinds of cases are not appealed to the U.S. Court of Appeals for the Federal Circuit. Cases involving the Tennessee Valley Authority and admiralty are typically filed in district court. 41 USC 7107(2) and 7102(d), respectively. Under the Alternative Dispute Resolution Act of 1998, each district court is to have an ADR rule in place. Appeals from matters before the FAA ODRA can be filed at the U.S. Court of Appeals for the DC Circuit, or the circuit where the contractor or offeror “resides or has its principal place of business.” 49 USC 46110(a). Several circuit courts have mediation programs, including the DC Circuit. A description of the DC Circuit’s program is available online.