[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 513 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 513

   To amend chapter 23 of title 28, United States Code, to authorize 
 voluntary alternative dispute resolution programs in Federal courts, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 7 (legislative day, March 6), 1995

  Mr. Heflin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 23 of title 28, United States Code, to authorize 
 voluntary alternative dispute resolution programs in Federal courts, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Alternative Dispute 
Resolution Act of 1995''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) civil litigation in Federal courts has become more 
        complicated, time-consuming, and expensive;
            (2) increased costs and delays have made it increasingly 
        difficult for litigants to use the formal processes of civil 
        adjudication to position their cases efficiently for 
        resolution;
            (3) for a growing number of cases, the cost of formal 
        adjudication has become disproportionate to the amount in 
        controversy and has the practical effect of barring meaningful 
        access to Federal courts for a growing class of litigants; and
            (4) where appropriate, voluntary alternative dispute 
        resolution may improve direct communication between parties, 
        speed access to information, develop a reliable and cost-
        effective basis for resolving disputes, and provide a 
        meaningful alternative to formal adjudication.
    (b) Purpose.--The purpose of this Act is to encourage broader use 
of voluntary alternative dispute resolution in appropriate civil 
actions by supplementing existing sources of authority for Federal 
courts to establish a wide range of alternative dispute resolution 
services and procedures.

SEC. 3. VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES AND 
              RESOLUTION PROGRAMS.

    (a) In General.--Chapter 23 of title 28, United States Code, is 
amended--
            (1) by redesignating section 482 as section 483; and
            (2) by inserting after section 481 the following new 
        section:
``Sec.  482. Voluntary alternative dispute resolution procedures and 
              resolution programs
    ``(a) Each United States district court may--
            ``(1) encourage litigants in appropriate cases to use 
        voluntary alternative dispute resolution procedures, whether 
        offered in the private sector or sponsored by the court; and
            ``(2) establish such voluntary alternative dispute 
        resolution programs as the court determines appropriate.
    ``(b) The alternative dispute resolution procedures may include 
mediation, early neutral evaluation, mini-trials, summary jury or bench 
trials, and non-binding judicial arbitration.
    ``(c) A Federal court may establish appropriate voluntary 
alternative dispute resolution procedures and encourage voluntary use 
of alternative dispute resolution services offered in the private 
sector.
    ``(d)(1) This section is intended to supplement and not detract, 
reduce, or displace other sources of authority for alternative dispute 
resolution programs in Federal courts.
    ``(2) An alternative dispute resolution program under this section 
shall not infringe on a litigant's right to trial de novo and shall 
impose no penalty on participating litigants.
    ``(3) Nothing in this section is intended to interfere with any 
alternative dispute resolutions program authorized under a provision of 
law other than this section, including court annexed non-binding 
arbitration.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 23 of title 28, United States Code is amended by striking out 
the item relating to section 482 and inserting in lieu thereof the 
following:

``482. Voluntary alternative dispute resolution procedures and 
                            resolution programs.
``483. Definitions.''.
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