By statute, the Alternative Dispute Resolution Act of 1996, alternative dispute resolution of federal government contract disputes is encouraged. The Alternative Dispute Resolution Act allows for use of private neutrals if the parties agree. Alternative dispute resolution is subject to the confidentiality provisions of the Alternative Dispute Resolution Ac as set forth in 5 U.S.C. Sec. 574.
The major federal government contract tribunals, which include the Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the United States Court of Federal Claims permit use of private neutrals for alternative dispute resolution with the agreement of the parties. Each tribunal has established its own set of alternative dispute resolution procedures, including confidentiality provisions. Alternative dispute resolution is particularly appropriate for the complex factual and legal issues presented by many government contract disputes.
With the addition of retired Civilian Board of Contract Appeals Judge Anthony S. Borwick to our roster of neutrals in our Governmental Entities specialty panels, we are able to offer alternative dispute resolution of both Contract Disputes Act and Tucker act claims and disputes involving civilian and defense departments and agencies of the federal government.