; (2) the preliminary review of the claim, to be conducted by a hearing officer as provided in section 403; (3) mediation as provided in section 404, if requested and agreed to by the parties under that section; and (4) a formal hearing as provided in section 405, subject to Board review as provided in section 406 and judicial review in the United States Court of Appeals for the Federal Circuit as provided in section 407. (b) Right of employee to file civil action (1) Civil action Only a covered employee who has filed a claim timely as provided in section 402 and who has not submitted a request for a hearing on the claim pursuant to section 405(a) may, during the period described in paragraph (3), file a civil action in a District Court of the United States with respect to the violation alleged in the claim, as provided in section 408. (2) Effect of filing civil action Notwithstanding paragraph (2), (3), or (4) of subsection (a), if the covered employee files such a civil action— (A) the preliminary review of the claim by the hearing officer as provided in section 403 shall terminate upon the filing of the action by the covered employee