§ 651. — Authorization of alternative dispute resolution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC651]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 44--ALTERNATIVE DISPUTE RESOLUTION
Sec. 651. Authorization of alternative dispute resolution
(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.
(Added Pub. L. 100-702, title IX, Sec. 901(a), Nov. 19, 1988, 102 Stat.
4659; amended Pub. L. 105-315, Sec. 3, Oct. 30, 1998, 112 Stat. 2993.)
References in Text
The date of the enactment of the Alternative Dispute Resolution Act
of 1998, referred to in subsec. (c), is the date of enactment of Pub. L.
105-315, which was approved Oct. 30, 1998.
Amendments
1998--Pub. L. 105-315 amended section generally, substituting
provisions relating to authorization of alternative dispute resolution
for provisions relating to authorization of arbitration.
Effective Date
Section 907 of title IX of Pub. L. 100-702 provided that: ``This
title and the amendments made by this title [enacting this chapter and
provisions set out as notes under this section and section 652 of this
title] shall take effect 180 days after the date of enactment of this
Act [Nov. 19, 1988].''
Section 906 of Pub. L. 100-702, as amended by Pub. L. 103-192,
Sec. 1(a), Dec. 14, 1993, 107 Stat. 2292, provided that, effective Dec.
31, 1994, this chapter and the item relating to this chapter in the
table of chapters at the beginning of part III of this title were
repealed, prior to repeal by Pub. L. 103-420, Sec. 3(b), Oct. 25, 1994,
108 Stat. 4345.
Section 2 of Pub. L. 103-192 provided that this chapter and the item
relating to this chapter in the table of chapters at the beginning of
part III of this title continued on or after Dec. 14, 1993, as if they
had not been repealed by section 906 of Pub. L. 100-702, formerly set
out above, as such section was in effect on the day before Dec. 14,
1993.
Congressional Findings and Declaration of Policy
Pub. L. 105-315, Sec. 2, Oct. 30, 1998, 112 Stat. 2993, provided
that: ``Congress finds that--
``(1) alternative dispute resolution, when supported by the
bench and bar, and utilizing properly trained neutrals in a program
adequately administered by the court, has the potential to provide a
variety of benefits, including greater satisfaction of the parties,
innovative methods of resolving disputes, and greater efficiency in
achieving settlements;
``(2) certain forms of alternative dispute resolution, including
mediation, early neutral evaluation, minitrials, and voluntary
arbitration, may have potential to reduce the large backlog of cases
now pending in some Federal courts throughout the United States,
thereby allowing the courts to process their remaining cases more
efficiently; and
``(3) the continued growth of Federal appellate court-annexed
mediation programs suggests that this form of alternative dispute
resolution can be equally effective in resolving disputes in the
Federal trial courts; therefore, the district courts should consider
including mediation in their local alternative dispute resolution
programs.''
Model Procedures
Section 902 of title IX of Pub. L. 100-702 provided that: ``The
Judicial Conference of the United States may develop model rules
relating to procedures for arbitration under chapter 44, as added by
section 901 of this Act. No model rule may supersede any provision of
such chapter 44, this title [enacting this chapter and provisions set
out as notes under this section and section 652 of this title], or any
law of the United States.''
Reports by Director of Administrative Office of United States Courts and
by Federal Judicial Center
Section 903 of Pub. L. 100-702 provided that:
``(a) Annual Report by Director of Administrative Office of the
United States Courts.--The Director of the Administrative Office of the
United States Courts shall include in the annual report of the
activities of 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 consultation 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 following:
``(1) A description of the arbitration programs authorized by
such chapter, as conceived and as implemented in the judicial
districts in which such programs are authorized.
``(2) A determination of the level of satisfaction with the
arbitration programs in those judicial districts by a sampling of
court personnel, attorneys, and litigants whose cases have been
referred to arbitration.
``(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 relative to
the cost per hearing of each program.
``(5) Recommendations to the Congress on whether to terminate or
continue chapter 44, or, alternatively, to enact an arbitration
provision in title 28, United States Code, authorizing arbitration
in all Federal district courts.''
Effect on Judicial Rulemaking Powers
Section 904 of title IX of Pub. L. 100-702 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, as
added by section 901 of this Act, is intended to abridge, modify, or
enlarge the rule making powers of the Federal judiciary.''
Authorization of Appropriations
Pub. L. 105-315, Sec. 11, Oct. 30, 1998, 112 Stat. 2998, provided
that: ``There are authorized to be appropriated for each fiscal year
such sums as may be necessary to carry out chapter 44 of title 28,
United States Code, as amended by this Act.''
Section 905 of Pub. L. 100-702, as amended by Pub. L. 103-192,
Sec. 1(b), Dec. 14, 1993, 107 Stat. 2292; Pub. L. 103-420, Sec. 3(a),
Oct. 25, 1994, 108 Stat. 4345; Pub. L. 105-53, Sec. 1, Oct. 6, 1997, 111
Stat. 1173, provided that: ``There are authorized to be appropriated for
each fiscal year to the judicial branch such sums as may be necessary to
carry out the purposes of chapter 44, as added by section 901 of this
Act. Funds appropriated under this section shall be allocated by the
Administrative Office of the United States Courts to Federal judicial
districts and the Federal Judicial Center. The funds so appropriated are
authorized to remain available until expended.''
