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28 U.S.C. § 652 — Jurisdiction
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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Source location: Title 28, Chapter 44, § 652; chapter-044-alternative-dispute-resolution.md
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**(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 dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071(a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compensation.—** The district court shall, subject to regulations approved by the Judicial Conference of the United States, establish the amount of compensation, if any, that each arbitrator or neutral shall receive for services rendered in each case under this chapter.
**(b) Transportation Allowances.—** Under regulations prescribed by the Director of the Administrative Office of the United States Courts, a district court may reimburse arbitrators and other neutrals for actual transportation expenses necessarily incurred in the performance of duties under this chapter.
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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.
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 317
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 653
the Administrative Office required under section
604(a)(3) [28 U.S.C. 604(a)(3)], statistical information
about the implementation of chapter 44, as added by
section 901 of this Act.
‘‘(b) REPORT BY FEDERAL JUDICIAL CENTER.—Not later
than 5 years after the date of enactment of this Act
[Nov. 19, 1988], the Federal Judicial Center, in consulta-
tion with the Director of the Administrative Office of
the United States Courts, shall submit to the Congress
a report on the implementation of chapter 44, as added
by section 901 of this Act, which shall include the fol-
lowing:
‘‘(1) A description of the arbitration programs au-
thorized by such chapter, as conceived and as imple-
mented in the judicial districts in which such pro-
grams are authorized.
‘‘(2) A determination of the level of satisfaction
with the arbitration programs in those judicial dis-
tricts by a sampling of court personnel, attorneys,
and litigants whose cases have been referred to arbi-
tration.
‘‘(3) A summary of those program features that can
be identified as being related to program acceptance
both within and across judicial districts.
‘‘(4) A description of the levels of satisfaction rel-
ative to the cost per hearing of each program.
‘‘(5) Recommendations to the Congress on whether
to terminate or continue chapter 44, or, alter-
natively, to enact an arbitration provision in title 28,
United States Code, authorizing arbitration in all
Federal district courts.’’
EFFECT ON JUDICIAL RULEMAKING POWERS
Pub. L. 100–702, title IX, § 904, Nov. 19, 1988, 102 Stat.
4663, provided that: ‘‘Nothing in this title [enacting
this chapter and provisions set out as notes under this
section and section 652 of this title], or in chapter 44
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