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U.S. Code as of:
01/19/04
Section 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.
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