112 STAT. 2994
PUBLIC LAW 105-315—OCT. 30, 1998
"(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 airbitration 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.— T h is 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.".
SEC. 4. JURISDICTION.
Section 652 of title 28, United States Code, is amended to
read as follows:
"§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
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