Each case, therefore, should be evaluated on its own merits, with the caveat that it is the policy of DOE to resolve disputes by ADR whenever feasible. Contracts for the services of third party neutrals are also authorized, the costs of which should ordinarily be shared by the parties. Other federal agencies can also provide neutrals at low cost. Those involving disputes controlled by clear legal precedent, making compromise difficult. Those whose resolution will have a significant impact on other pending cases or on the future conduct of business.
Parties try to work out disagreement among themselves.
The FAR recognizes the potential usefulness of ADR at this early stage in the process by recommending the use of informal discussions between the parties. If the claim either cannot be settled by the parties at Steps One or Two, the CO must prepare to issue a decision. If the claim involves a factual dispute, the CO shall send the contractor a copy of the proposed findings of fact and advise him that all supporting data may be reviewed at the CO's office. The CO shall then review the contractor's comments and make any appropriate corrections in the proposed findings of fact. The decision is a written document furnished the contractor, which contains the final findings of fact and reasons upon which the conclusion of the CO is based.