§653 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

District courts that use alternative dispute resolution must set up ways to give parties neutral third parties for each kind of ADR and must create their own rules and criteria for picking those neutrals. Neutrals must be qualified and trained; courts may use trained magistrate judges, private professional neutrals, or other trained people. Until rules are made under chapter 131 about disqualification, each court must issue rules under section 2071(a) on when a neutral must be disqualified, including where appropriate under section 455, other law, and ethics standards.

Title 28, §653

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)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)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).

Editorial Notes

Amendments

1998—Pub. L. 105–315 amended section generally, substituting provisions relating to neutrals in alternative dispute resolution process for provisions relating to powers of arbitrator and arbitration hearing.

§653 Neutrals

Summary

Title 28, §653

Notes & Related Subsidiaries

Editorial Notes

Amendments

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