[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3528 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                          October 7 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
3528) entitled ``An Act to amend title 28, United States Code, with 
respect to the use of alternative dispute resolution processes in 
United States district courts, and for other purposes.'', do pass with 
the following

                              AMENDMENTS:

(1)Page 2, after line 3, insert:

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    Congress finds that--
            (1) alternative dispute resolution, when supported by the 
        bench and bar, and utilizing properly trained neutrals in a 
        program adequately administered by the court, has the potential 
        to provide a variety of benefits, including greater 
        satisfaction of the parties, innovative methods of resolving 
        disputes, and greater efficiency in achieving settlements;
            (2) certain forms of alternative dispute resolution, 
        including mediation, early neutral evaluation, minitrials, and 
        voluntary arbitration, may have potential to reduce the large 
        backlog of cases now pending in some federal courts throughout 
        the United States, thereby allowing the courts to process their 
        remaining cases more efficiently; and
            (3) the continued growth of Federal appellate court-annexed 
        mediation programs suggests that this form of alternative 
        dispute resolution can be equally effective in resolving 
        disputes in the federal trial courts; therefore, the district 
        courts should consider including mediation in their local 
        alternative dispute resolution programs.

(2)Page 2, line 4, strike out [sec. 2] and insert: sec. 3

(3)Page 2, line 21, strike out [2071(b)] and insert: 2071(a)

(4)Page 3, line 1, strike out [2071(b)] and insert: 2071(a)

(5)Page 4, line 5, strike out [sec. 3] and insert: sec. 4

(6)Page 4, line 13, strike out [2071(b)] and insert: 2071(a)

(7)Page 5, line 18, strike out [2071(b)] and insert: 2071(a)

(8)Page 5, line 22, strike out [sec. 4] and insert: sec. 5

(9)Page 6, line 21, strike out [2071(b)] and insert: 2071(a)

(10)Page 7, line 1, strike out [sec. 5] and insert: sec. 6

(11)Page 7, line 7, strike out [subsections (b) and (c)] and insert: 
subsections (a), (b), and (c)

(12)Page 7, line 11, after ``it'' insert: when the parties consent

(13)Page 7, line 24, strike out [2071(b)] and insert: 2071(a)

(14)Page 8, line 9, strike out [section] and insert: chapter

(15)Page 8, line 10, strike out [action] and insert: program

(16)Page 8, line 11, strike out [section 906] and insert: title IX

(17)Page 8, line 12, strike out [100-102] and insert: 100-702

(18)Page 8, line 13, strike out [as in effect prior to the date of its 
repeal] and insert: as amended by section 1 of Public Law 105-53

(19)Page 8, line 14, strike out [sec. 6] and insert: sec. 7

(20)Page 9, line 16, strike out [sec. 7] and insert: sec. 8

(21)Page 10, line 1, strike out [sec. 8] and insert: sec. 9

(22)Page 10, line 21, strike out [2071(b)] and insert: 2071(a)

(23)Page 11, line 22, strike out [sec. 9] and insert: sec. 10

(24)Page 12, line 10, after ``arbitrators'' insert: and other neutrals

(25)Page 12, line 13, strike out [sec. 10] and insert: sec. 11

(26)Page 12, line 18, strike out [sec. 11] and insert: sec. 12

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 3528

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                               AMENDMENTS