Page:United States Statutes at Large Volume 104 Part 4.djvu/424

 contracts. 104 STAT. 2740 PUBLIC LAW 101-552—NOV. 15, 1990 "(2) maintain a roster of individuals who meet such standards and are otherwise qualified to act as neutrals, which shall be made available upon request; ^J^^ernment "(3) enter into contracts for the services of neutrals that may be used by agencies on an elective basis in dispute resolution proceedings; and "(4) develop procedures that permit agencies to obtain the services of neutrals on an expedited basis. "(d) An agency may use the services of one or more employees of other agencies to serve as neutrals in dispute resolution proceedings. The agencies may enter into an interagency agreement that provides for the reimbursement by the user agency or the parties of the full or partial cost of the services of such an employee. "(e) Any agency may enter into a contract with any person on a roster established under subsection (c)(2) or a roster maintained by other public or private organizations, or individual for services as a neutral, or for training in connection with alternative means of dispute resolution. The parties in a dispute resolution proceeding shall agree on compensation for the neutral that is fair and reasonable to the Government. " §584. Confidentiality "(a) Except as provided in subsections (d) and (e), a neutral in a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any dispute resolution communication or any communication provided in confidence to the neutral, unless— "(1) all parties to the dispute resolution proceeding and the neutral consent in writing, and, if the dispute resolution communication was provided by a nonparty participant, that participant also consents in writing; "(2) the dispute resolution communication has already been made public; "(3) the dispute resolution communication is required by statute to be made public, but a neutral should make such communication public only if no other person is reasonably available to disclose the communication; or "(4) a court determines that such testimony or disclosure is necessary to— "(A) prevent a manifest injustice; "(B) help establish a violation of law; or "(C) prevent harm to the public health or safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the confidence of parties in future cases that their communications will remain confidential. "GJ) A party to a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any dispute resolution communication, unless— "(1) the communication was prepared by the party seeking disclosure; "(2) all parties to the dispute resolution proceeding consent in writing; "(3) the dispute resolution communication has already been made public;

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