Neutrals

28 U.S.C. § 653

• Title: 28 — Judiciary and Judicial Procedure
• Chapter: 44 — ALTERNATIVE DISPUTE RESOLUTION

Text

(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).

History

(Added Pub. L. 100–702, title IX, §901(a), Nov. 19, 1988, 102 Stat. 4660; amended Pub. L. 105–315, §5, Oct. 30, 1998, 112 Stat. 2995.)

Editorial Notes

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.