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28 U.S.C. § 653 — Neutrals

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 653 — Neutrals

**(a) Panel of Neutrals.—** Each district court that authorizes the use of alternative dispute resolution processes shall adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Each district court shall promulgate its own procedures and criteria for the selection of neutrals on its panels. **(b) Qualifications and Training.—** Each person serving as a neutral in an alternative dispute resolution process should be qualified and trained to serve as a neutral in the appropriate alternative dispute resolution process. For this purpose, the district court may use, among others, magistrate judges who have been trained to serve as neutrals in alternative dispute resolution processes, professional neutrals from the private sector, and persons who have been trained to serve as neutrals in alternative dispute resolution processes. Until such time as rules are adopted under chapter 131 of this title relating to the disqualification of neutrals, each district court shall issue rules under section 2071(a) relating to the disqualification of neutrals (including, where appropriate, disqualification under [section 455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section455&num=0&edition=prelim), other applicable law, and professional responsibility standards).

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Source location: Title 28, Chapter 44, § 653; chapter-044-alternative-dispute-resolution.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 455 — Disqualification of justice, judge, or magistrate judge

**(a)** Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. **(b)** He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge’s knowledge likely to be a material witness in the proceeding. **(c)** A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himse

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1781 — Transmittal of letter rogatory or request

**(a)** The Department of State has power, directly, or through suitable channels— (1) to receive a letter rogatory issued, or request made, by a foreign or international tribunal, to transmit it to the tribunal, officer, or agency in the United States to whom it is addressed, and to receive and return it after execution; and (2) to receive a letter rogatory issued, or request made, by a tribunal in the United States, to transmit it to the foreign or international tribunal, officer, or agency to whom it is addressed, and to receive and return it after execution. **(b)** This section does not preclude— (1) the transmittal of a letter rogatory or request directly from a foreign or international tribunal to the tribunal, officer, or agency in the United States to whom it is addressed and its return in the same manner; or (2) the transmittal of a letter rogatory or request directly from a tribunal in the United States to the foreign or international tribunal, officer, or agency to whom it is addressed and its return in the same manner.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1782 — Assistance to foreign and international tribunals and to litigants before such tribunals

**(a)** The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure.A person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege. **(b)** This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, for use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 653 — Neutrals

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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