If Alternative Dispute Resolution Does Not Result in Settlement

For docketed appeals, if ADR fails to resolve the dispute completely, the appeal will generally return to the presiding judge for adjudication. If the presiding judge served as the ADR Neutral, however, special rules apply. If the ADR proceeding involved private communications between the Neutral and individual parties, unless the parties and judge all agree that the judge should continue to serve as the presiding judge, that judge will have no further involvement with the case. If no private communications occurred during the ADR proceeding (all communications with the judge were made during a joint session with all parties present), the Neutral, after considering the parties' wishes, has the discretion to decide whether or not to retain the case as presiding judge and adjudicate the appeal.

For ADR in cases which have not been docketed as appeals, if a claim has not been submitted under the Contract Disputes Act, one can be submitted to the contracting officer for decision. An appeal may be taken from a contracting officer's decision, provided that the CDA's statutory time limitation for appeal has not expired. It is important to remember that during the time that parties use ADR procedures, statutory time limitations will not be tolled.