Settlement and Discontinuance

It is common for parties to continue or resume negotiations towards commercial arrangements while the FOA process moves forward. FOA requires a significant investment of time and resources by both parties. This, combined with the "all or nothing" nature of the outcome tends to encourage the parties to continue or resume commercial negotiations. If a resolution is reached before the arbitrator renders a decision, the parties typically record their agreement in writing and advise the Agency and the arbitrator that they have agreed that the matter should be withdrawn from arbitration. The FOA is then immediately terminated.