Alternative Dispute Resolution Act of 1998
The source supplies the latest action, but no lifecycle stage.
Latest action (13 Oct 1998): Referred to Subcommittee on Oversight and Courts.
What this bill does
This bill, the Alternative Dispute Resolution Act of 1998, would establish new procedures for using alternative dispute resolution (ADR) in U.S. district courts. It would require each district court to create its own program encouraging the use of ADR processes like mediation and early neutral evaluation in all civil cases. The bill specifies that while ADR processes would be authorized, arbitration could only be required if all parties consent, with some exceptions.
The legislation primarily affects litigants in federal civil cases and the district courts themselves. It directs courts to implement programs, train personnel to oversee them, and make qualified neutrals available to parties. The bill also outlines procedures for how arbitration would work if parties agree, including exceptions for certain types of cases and limitations on monetary damages that can be arbitrated.
S. 2373 was introduced in the Senate in July 1998 and referred to the Committee on the Judiciary. As of this summary, its latest action is "Introduced." If it moves forward, it would need to be considered and passed by the Judiciary Committee, then by the full Senate, and subsequently by the House of Representatives before it could be sent to the President.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
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) 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 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 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. Sets forth provisions regarding actions exempted from consideration of ADR, authority of the Attorney General, and confidentiality. (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) 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 filing procedures and the effect of an arbitration award and judgment, the sealing of such award, and trial de novo of arbitration awards. (Sec. 10) 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. 11) Authorizes appropriations.
Timeline
13 Oct 1998
Referred to Subcommittee on Oversight and Courts.
Common questions
- What does S. 2373 do?
- This bill, the Alternative Dispute Resolution Act of 1998, would establish new procedures for using alternative dispute resolution (ADR) in U.S. district courts. It would require each district court to create its own program encouraging the use of ADR processes like mediation and early neutral evaluation in all civil cases. The bill specifies that while ADR processes would be authorized, arbitration could only be required if all parties consent, with some exceptions. The legislation primarily affects litigants in federal civil cases and the district courts themselves. It directs courts to implement programs, train personnel to oversee them, and make qualified neutrals available to parties. The bill also outlines procedures for how arbitration would work if parties agree, including exceptions for certain types of cases and limitations on monetary damages that can be arbitrated. S. 2373 was introduced in the Senate in July 1998 and referred to the Committee on the Judiciary. As of this summary, its latest action is "Introduced." If it moves forward, it would need to be considered and passed by the Judiciary Committee, then by the full Senate, and subsequently by the House of Representatives before it could be sent to the President.
- Has S. 2373 become law?
- The source does not supply a confirmed lifecycle stage for S. 2373. Check the latest action and official source below.
- Who sponsored S. 2373?
- S. 2373 was sponsored by Sen. Grassley, Chuck [R-IA] (R-IA), with 1 cosponsor.
- What's the latest action on S. 2373?
- Referred to Subcommittee on Oversight and Courts. (13 Oct 1998).
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