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HR 3528 - 105

Alternative Dispute Resolution Act of 1998

Became Public Law No: 105-315.

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Summary

35 Passed Senate amended Jan 11, 2001

Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions. Directs each U.S. district court to: (1) authorize the use of ADR processes in all civil actions; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an employee or judicial officer who is knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program. Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs. (Sec. 4) Directs each district court to: (1) require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation; and (2) provide litigants in all civil cases with at least one ADR process. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. Authorizes each court to exempt from requirements of this section cases in which arbitration would not be appropriate. Requires each court to provide for the confidentiality of ADR processes and to prohibit disclosure of confidential dispute resolution communications. (Sec. 5) Requires each district court that authorizes the use of ADR processes to adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training. (Sec. 6) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, when the parties consent, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration. (Sec. 7) Empowers ADR arbitrators to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Requires district courts to establish standards for arbitrator certification. Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity. (Sec. 8) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing. (Sec. 9) Sets forth provisions regarding: (1) filing procedures and the effect of an arbitration award and judgment; (2) the sealing of such award until the court enters its final judgment or the action has otherwise terminated; and (3) filing deadlines, restoration to the court docket, and the exclusion of evidence of arbitration with respect to a trial de novo of arbitration awards. (Sec. 10) Directs the district court to establish the amount of compensation that each neutral shall receive for services rendered. (Sec. 11) Authorizes appropriations.

01 Reported to Senate with amendment(s) Jan 11, 2001

Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions. Directs each U.S. district court to: (1) authorize the use of ADR processes in all civil actions; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an employee or judicial officer who is knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program. Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs. (Sec. 4) Directs each district court to: (1) require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation; and (2) provide litigants in all civil cases with at least one ADR process. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. Authorizes each court to exempt from requirements of this section cases in which arbitration would not be appropriate. Requires each court to provide for the confidentiality of ADR processes and to prohibit disclosure of confidential dispute resolution communications. (Sec. 5) Requires each district court that authorizes the use of ADR processes to adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training. (Sec. 5(sic)) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, when the parties consent, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration. (Sec. 7) Empowers ADR arbitrators to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Requires district courts to establish standards for arbitrator certification. Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity. (Sec. 8) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing. (Sec. 9) Sets forth provisions regarding: (1) filing procedures and the effect of an arbitration award and judgment; (2) the sealing of such award until the court enters its final judgment or the action has otherwise terminated; and (3) filing deadlines, restoration to the court docket, and the exclusion of evidence of arbitration with respect to a trial de novo of arbitration awards. (Sec. 10) Directs the district court to establish the amount of compensation that each neutral shall receive for services rendered, subject to specified limitations. (Sec. 11) Authorizes appropriations.

36 Passed House amended Jan 11, 2001

Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions. Directs each United States district court to: (1) authorize the use of ADR processes in all civil actions; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an employee or judicial officer who is knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program. Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs. (Sec. 3) Directs each district court to: (1) require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation; and (2) provide litigants in all civil cases with at least one ADR process. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. Authorizes each court to exempt from requirements of this section cases in which arbitration would not be appropriate. Requires each court to provide for the confidentiality of ADR processes and to prohibit disclosure of confidential dispute resolution communications. (Sec. 4) Requires each district court that authorizes the use of ADR processes to adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training. (Sec. 5) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration. (Sec. 6) Empowers ADR arbitrators to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Requires district courts to establish standards for arbitrator certification. Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity. (Sec. 7) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing. (Sec. 8) Sets forth provisions regarding: (1) filing procedures and the effect of an arbitration award and judgment; (2) the sealing of such award until the court enters its final judgment or the action has otherwise terminated; and (3) filing deadlines, restoration to the court docket, and the exclusion of evidence of arbitration with respect to a trial de novo of arbitration awards. (Sec. 9) Directs the district court to establish the amount of compensation that each neutral shall receive for services rendered, subject to specified limitations. (Sec. 10) Authorizes appropriations.

00 Introduced in House Jan 11, 2001

Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions. Directs each United States district court to: (1) authorize the use of ADR processes in all civil actions, with specified limitations on the use of arbitration; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an existing employee knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program. Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs. (Sec. 3) Directs each district court to require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation and provide litigants in all civil cases with a choice of ADR processes. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and arbitration. Sets forth provisions regarding actions exempted from consideration of ADR, authority of the Attorney General, and confidentiality. (Sec. 4) Requires each district court that authorizes the use of ADR processes to maintain a panel of neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training. (Sec. 5) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration. (Sec. 6) Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity. (Sec. 7) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing. (Sec. 8) Sets forth provisions regarding filing procedures and the effect of an arbitration award and judgment, the sealing of such award, and trial de novo of arbitration awards. (Sec. 9) Directs the district court to establish and pay any amount of compensation that each neutral shall receive for services rendered, subject to specified limitations. (Sec. 10) Authorizes appropriations.

Sponsors

Timeline

Oct 30, 1998

Signed by President.

Oct 30, 1998

Signed by President.

Oct 30, 1998

Became Public Law No: 105-315.

Oct 30, 1998

Became Public Law No: 105-315.

Oct 20, 1998

Presented to President.

Oct 20, 1998

Presented to President.

Oct 10, 1998

Mr. Coble moved that the House suspend the rules and agree to the Senate amendments.

Oct 10, 1998

DEBATE - The House proceeded with forty minutes of debate.

Oct 10, 1998

Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.(consideration: CR H10457-10459)

Oct 10, 1998

On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote. (consideration: CR H10457-10459)

Oct 10, 1998

Motion to reconsider laid on the table Agreed to without objection.

Oct 8, 1998

Message on Senate action sent to the House.

Oct 7, 1998

Measure laid before Senate by unanimous consent. (consideration: CR S11808-11810)

Oct 7, 1998

Amendment SP 3784 proposed by Senator McCain for Senator Grassley.

Oct 7, 1998

Amendment SP 3784 agreed to in Senate by Unanimous Consent.

Oct 7, 1998

Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

Oct 7, 1998

Passed Senate with an amendment by Unanimous Consent.

Jul 30, 1998

Committee on Judiciary. Ordered to be reported with amendments favorably.

Jul 30, 1998

Committee on Judiciary. Reported to Senate by Senator Hatch with amendments. Without written report.

Jul 30, 1998

Committee on Judiciary. Reported to Senate by Senator Hatch with amendments. Without written report.

Jul 30, 1998

Placed on Senate Legislative Calendar under General Orders. Calendar No. 514.

May 15, 1998

Referred to Subcommittee on Oversight and Courts.

Apr 22, 1998

Received in the Senate and read twice and referred to the Committee on Judiciary.

Apr 21, 1998

Reported (Amended) by the Committee on Judiciary. H. Rept. 105-487.

Apr 21, 1998

Reported (Amended) by the Committee on Judiciary. H. Rept. 105-487.

Apr 21, 1998

Placed on the Union Calendar, Calendar No. 281.

Apr 21, 1998

Mr. Coble moved to suspend the rules and pass the bill, as amended.

Apr 21, 1998

Considered under suspension of the rules. (consideration: CR H2066-2069, H2076)

Apr 21, 1998

DEBATE - The House proceeded with forty minutes of debate.

Apr 21, 1998

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the Chair announced that further proceedings on the motion would be postponed.

Apr 21, 1998

Considered as unfinished business.

Apr 21, 1998

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 2 (Roll No. 101).

Apr 21, 1998

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 2 (Roll No. 101).

Apr 21, 1998

Motion to reconsider laid on the table Agreed to without objection.

Mar 24, 1998

Committee Consideration and Mark-up Session Held.

Mar 24, 1998

Ordered to be Reported (Amended) by Voice Vote.

Mar 23, 1998

Introduced in House

Mar 23, 1998

Introduced in House

Mar 23, 1998

Referred to the House Committee on the Judiciary.

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