Page:United States Statutes at Large Volume 112 Part 5.djvu/235

 PUBLIC LAW 105-315—OCT. 30, 1998 112 STAT. 2993 Public Law 105-315 105th Congress An Act To amend title 28, United States Code, with respect to the use of alternative Oct. 30, 1998 dispute resolution processes in United States district courts, and for other purposes [H.R. 3528] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Alternative Dispute SECTION 1. SHORT TITLE. Resolution Act of 1998. This Act may be cited as the "Alternative Dispute Resolution 28 USC l note. Act of 1998". SEC. 2. FINDINGS AND DECLARATION OF POLICY. 28 USC 651 note. 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 oi 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. SEC. 3. ALTERNATIVE DISPUTE RESOLUTION PROCESSES TO BE AUTHORIZED IN ALL DISTRICT COURTS. Section 651 of title 28, United States Code, is amended to read as follows: "§ 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.

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