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U.S. Code as of:
01/19/04
Section 652. Jurisdiction
(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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