Techniques for optimizing bandwidth usage while controlling latency. A latency mitigating congestion avoidance and control technique is described that is suitable for use with unreliable transport protocols. Embodiments of the present invention facilitate communication of data for applications that communicate using unreliable communication protocols and that would like to maximize use of available bandwidth but cannot tolerate high latencies. Techniques are described for preventing latency from exceeding a certain level, without destroying the ability of an application or system to probe for additional available bandwidth and maximize bandwidth usage.