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28 U.S.C. § 653Neutrals

submitted 38 years ago by Pub. L. 100-702 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each district court that uses alternative dispute resolution must make trained neutrals available for each type of process it offers. The court sets the selection rules and must address when neutrals must be disqualified.

(a) Panel of Neutrals. Each district court that authorizes alternative dispute resolution must create suitable procedures for making neutrals available to the parties for every type of process the court offers. Each court must set its own procedures and criteria for choosing neutrals for its panels. (b) Qualifications and Training. A person serving as a neutral should be qualified and trained for the particular alternative dispute resolution process. The court may use trained magistrate judges, private-sector professional neutrals, and other people trained for that work. Until rules under chapter 131 address disqualification of neutrals, each court must issue rules under section 2071(a) on disqualification, including, when appropriate, disqualification under section 455, other applicable law, and professional-responsibility standards.
the actual law source: uscode.house.gov ↗public domain
(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).

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-702 · 102 Stat. 4660
  • 1998Amended · Pub. L. 105-315 · 112 Stat. 2995

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-702 on 1988-11-19.

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