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28 U.S.C. § 651 — Authorization of alternative dispute resolution
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658.
**(b) Authority.—** Each United States district court shall authorize, by local rule adopted under section 2071(a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654. Each United States district court shall devise and implement its own alternative dispute resolution program, by local rule adopted under section 2071(a), to encourage and promote the use of alternative dispute resolution in its district.
**(c) Existing Alternative Dispute Resolution Programs.—** In those courts where an alternative dispute resolution program is in place on the date of the enactment of the Alternative Dispute Resolution Act of 1998, the court shall examine the effectiveness of that program and adopt such improvements to the program as are consistent with the provisions and purposes of this chapter.
**(d) Administration of Alternative Dispute Resolution Programs.—** Each United States district court shall designate an employee, or a judicial officer, who is knowledgeable in alternative dispute resolution practices and processes to implement, administer, oversee, and evaluate the court’s alternative dispute resolution program. Such person may also be responsible for recruiting, screening, and training atto
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Stable record: federal_law:legal_authorities:record_usc_225854d6fd43d6f71579a470
Source file: Laws/federal/codes/united-states-code/title-28/section-651-authorization-of-alternative-dispute-resolution--dd2d52a304.md
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Source location: Title 28, Chapter 44, § 651; chapter-044-alternative-dispute-resolution.md
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**(a) Definition.—** For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658.
**(b) Authority.—** Each United States district court shall authorize, by local rule adopted under section 2071(a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654. Each United States district court shall devise and implement its own alternative dispute resolution program, by local rule adopted under section 2071(a), to encourage and promote the use of alternative dispute resolution in its district.
**(c) Existing Alternative Dispute Resolution Programs.—** In those courts where an alternative dispute resolution program is in place on the date of the enactment of the Alternative Dispute Resolution Act of 1998, the court shall examine the effectiveness of that program and adopt such improvements to the program as are consistent with the provisions and purposes of this chapter.
**(d) Administration of Alternative Dispute Resolution Programs.—** Each United States district court shall designate an employee, or a judicial officer, who is knowledgeable in alternative dispute resolution practices and processes to implement, administer, oversee, and evaluate the court’s alternative dispute resolution program. Such person may also be responsible for recruiting, screening, and training attorneys to serve as neutrals and arbitrators in the court’s alternative dispute resolution program.
**(e) Title 9 Not Affected.—** This chapter shall not affect title 9, United States Code.
**(f) Program Support.—** The Federal Judicial Center and the Administrative Office of the United States Courts are authorized to assist the district courts in the establishment and improvement of alternative dispute resolution programs by identifying particular practices employed in successful programs and providing additional assistance as needed and appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration of Alternative Dispute Resolution in Appropriate Cases.—** Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071(a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigation. Each district court shall provide litigants in all civil cases with at least one alternative dispute resolution process, including, but not limited to, mediation, early neutral evaluation, minitrial, and arbitration as authorized in sections 654 through 658. Any district court that elects to require the use of alternative dispute resolution in certain cases may do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration.
**(b) Actions Exempted From Consideration of Alternative Dispute Resolution.—** Each district court may exempt from the requirements of this section specific cases or categories of cases in which use of alternative dispute resolution would not be appropriate. In defining these exemptions, each district court shall consult with members of the bar, including the United States Attorney for that district.
**(c) Authority of the Attorney General.—** Nothing in this section shall alter or conflict with the authority of the Attorney General to conduct litigation on behalf of the United States, with the authority of any Federal agency authorized to conduct litigation in the United States courts, or with any delegation of litigation authority by the Attorney General.
**(d) Confidentiality Provisions.—** Until such time as rules are adopted under chapter 131 of this title providing for the confidentiality of alternative d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Stay of District Court Proceedings.—** Subject to section 1507(b), a district court of the United States shall issue a stay of proceedings or such other relief as the court determines appropriate with respect to any claim brought before the court that is already the subject of a pending or active proceeding before the Copyright Claims Board.
**(b) Alternative Dispute Resolution Process.—** A proceeding before the Copyright Claims Board under this chapter shall qualify as an alternative dispute resolution process under [section 651 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section651&num=0&edition=prelim) for purposes of referral of eligible cases by district courts of the United States upon the consent of the parties.
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Federal law — U.S. Code and appendices · legal_authorities
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall:
(1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts;
(2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts;
(3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents.
(4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section;
(5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate j
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Referral of Actions to Arbitration.—** Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to arbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it when the parties consent, except that referral to arbitration may not be made where—
(1) the action is based on an alleged violation of a right secured by the Constitution of the United States;
(2) jurisdiction is based in whole or in part on [section 1343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1343&num=0&edition=prelim); or
(3) the relief sought consists of money damages in an amount greater than $150,000.
**(b) Safeguards in Consent Cases.—** Until such time as rules are adopted under chapter 131 of this title relating to procedures described in this subsection, the district court shall, by local rule adopted under section 2071(a), establish procedures to ensure that any civil action in which arbitration by consent is allowed under subsection (a)—
(1) consent to arbitration is freely and knowingly obtained; and
(2) no party or attorney is prejudiced for refusing to participate in arbitration.
**(c) Presumptions.—** For purposes of subsection (a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies that damages exceed such amount.
**(d) Existing Programs.—** Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section 11 So in original. The word “section” probably should not appear. title IX of the Judicial Improvements and Access to Justice Act (Public Law 100–702), as amended
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Federal law — U.S. Code and appendices · legal_authorities
Page 316
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 651
RESOLUTION’’ for ‘‘ARBITRATION’’ in chapter head-
ing and amended analysis generally, substituting items
651 to 658 for former items 651 ‘‘Authorization of arbi-
tration’’, 652 ‘‘Jurisdiction’’, 653 ‘‘Powers of arbitrator;
arbitration hearing’’, 654 ‘‘Arbitration award and judg-
ment’’, 655 ‘‘Trial de novo’’, 656 ‘‘Certification of arbi-
trators’’, 657 ‘‘Compensation of arbitrators’’, and 658
‘‘District courts that may authorize arbitration’’.
§ 651. Authorization of alternative dispute resolu-
tion
(a) DEFINITION.—For purposes of this chapter,
an alternative dispute resolution process in-
cludes any process or procedure, other than an
adjudication by a presiding judge, in which a
neutral third party participates to assist in the
resolution of issues in controversy, through
processes such as early neutral evaluation, me-
diation, minitrial, and arbitration as provided in
sections 654 through 658.
(b) AUTHORITY.—Each United States district
court shall authorize, by local rule adopted
under section 2071(a), the use of alternative dis-
pute resolution processes in all civil actions, in-
cluding adversary proceedings in bankruptcy, in
accordance with this chapter, except that the
use of arbitration may be authorized only as
provided in section 654. Each United States dis-
trict court shall devise and implement its own
alternative dispute resolution program, by local
rule adopted under section 2071(a), to encourage
and promote the use of alternative dispute reso-
lution in its district.
(c) EXISTING ALTERNATIVE DISPUTE RESOLU-
TION PROGRAMS.—In those courts where an alter-
native dispute resolution program is in place on
the date of the enactment of the Alternative
Dispute Resolution Act of 1998,
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