Page:United States Statutes at Large Volume 112 Part 5.djvu/237

 PUBLIC LAW 105-315—OCT. 30, 1998 112 STAT. 2995 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.". SEC. 5. MEDIATORS AND NEUTRAL EVALUATORS. Section 653 of title 28, United States Code, is amended to read as follows: "§653. Neutrals "(a) PANEL OF NEUTRALS.— Each district court that authorizes the use of alternative dispute resolution processes shall adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Each district court shall promulgate its own procedures and criteria for the selection of neutrals on its panels. "(b) QUALIFICATIONS AND TRAINING.— Each person serving as a neutral in an alternative dispute resolution process should be qualified and trained to serve as a neutral in the appropriate alternative dispute resolution process. For this purpose, the district court may use, among others, magistrate judges who have been trained to serve as neutrals in alternative dispute resolution processes, professional neutrals from the private sector, and persons who have been trained to serve as neutrals in alternative dispute resolution processes. Until such time as rules are adopted under chapter 131 of this title relating to the disqualification of neutrals, each district court shall issue rules under section 2071(a) relating to the disqualification of neutrals (including, where appropriate, disqualification under section 455 of this title, other applicable law, and professional responsibility standards).". SEC. 6. ACTIONS REFERRED TO ARBITRATION. Section 654 of title 28, United States Code, is amended to read as follows: "§654. Arbitration "(a) REFERRAL OF ACTIONS TO ARBITRATION.— Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to Eirbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it when the parties consent, except that referral to arbitration may not be made where— "(1) the action is based on an alleged violation of a right secured by the Constitution of the United States; "(2) jurisdiction is based in whole or in part on section 1343 of this title; or

�