Page:United States Statutes at Large Volume 112 Part 5.djvu/238

 112 STAT. 2996 PUBLIC LAW 105-315—OCT. 30, 1998 "(3) the relief sought consists of money damages in an amount greater than $150,000. "(b) SAFEGUARDS IN CONSENT CASES. —Until such time as rules are adopted under chapter 131 of this title relating to procedures described in this subsection, the district court shall, by local rule adopted under section 2071(a), establish procedures to ensure that any civil action in which arbitration by consent is allowed under subsection (a)— "(1) consent to arbitration is freely and knowingly obtained; and "(2) no party or attorney is prejudiced for refusing to participate in arbitration. "(c) PRESUMPTIONS.—For purposes of subsection (a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies that damages exceed such amount. "(d) EXISTING PROGRAMS.—Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section title IX of the Judicial Improvements and Access to Justice Act (Public Law 100-702), as amended by section 1 of Public Law 105-53. ". SEC. 7. ARBITRATORS. Section 655 of title 28, United States Code, is amended to read as follows: "§655. Arbitrators "(a) POWERS OP ARBITRATORS.— An arbitrator to whom an action is referred under section 654 shall have the power, within the judicial district of the district court which referred the action to arbitration— "(1) to conduct arbitration hearings; "(2) to administer oaths and affirmations; and "(3) to make awards. "(b) STANDARDS FOR CERTIFICATION.— Each district court that authorizes arbitration shall establish standards for the certification of arbitrators and shall certify arbitrators to perform services in accordance with such standards and this chapter. The standards shall include provisions requiring that any arbitrator— "(1) shall take the oath or affirmation described in section 453; and "(2) shall be subject to the disqualification rules under section 455. " (c) IMMUNITY.—All individuals serving as arbitrators in an alternative dispute resolution program under this chapter are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such capacity.". SEC. 8. SUBPOENAS. Section 656 of title 28, United States Code, is amended to read as follows: "§656. Subpoenas "Rule 45 of the Federal Rules of Civil Procedure (relating to subpoenas) applies to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing under this chapter.".

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