28 U.S.C. § 653

Neutrals

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(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).(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.)Editorial NotesAmendments

1998—Pub. L. 105–315 amended section generally, substituting provisions relating to neutrals in alternative dispute resolution process for provisions relating to powers of arbitrator and arbitration hearing.

Notes of Decisions

Cited in 8 cases, 1935–2012 · leading case: Rush Prudential HMO, Inc. v. Moran, 536 U.S. 355 (2002).

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Rush Prudential HMO, Inc. v. Moran, 536 U.S. 355 (2002). · cites it 2× “§ 7 ; 28 U. S. C. § 653 ; Uniform Arbitration Act § 7, 7 U.”

Delaware Coalition for Open Gov't v. Strine, 894 F. Supp. 2d 493 (D. Del. 2012). “28 U.S.C. § 653 (b); DDI Seamless Cylinder Int’l Inc.”

Dowling v. Isthmian S.S. Corp., 184 F.2d 758 (3rd Cir. 1950). “], that of letters rogatory in 28 U.S.C.A. § 653 [now 28 U.S.C.A. §§ 1781 , 1782].”

Repub. of Panama v. Am. Tobacco Co., 250 F.3d 315 (5th Cir. 2001). “Before taking the bench, we judges solemnly swear or affirm to “faithfully and impartially discharge and perform all the duties,” 28 U.S.C. § 653 , regardless of our background.”

Janssen v. Belding-Corticelli, Ltd., 84 F.2d 577 (3rd Cir. 1936). “In Revised Statutes, § 875, as amended ( 28 U.S.C.A. § 653 ), it is provided that letters rogatory or a com *579 mission may be issued in any suit in which the United States is a party or has an interest.”

United States v. Hofmann, 24 F. Supp. 847 (S.D.N.Y. 1938). “Title 28 U.S.C.A. §§ 653 , 701 and 711 et seq. After careful research, I have found no case, nor has my attention been called to any case by either counsel, in which letters rogatory have been issued at the behest of any private litigant in a criminal action, but there does…”

In Re Letters Rogatory From Examining Magistrate of Tribunal, 26 F. Supp. 852 (D. Maryland 1939). “” We are not unmindful of Section 875 of the Revised Statutes, 28 U.S.C.A. § 653 , which provides for the issuance of letters rogatory to take the testimony of witnesses in foreign countries, in suits in which the United States is a party or has an interest, and which contains…”

Belding-Corticelli Ltd. v. Kaufman, 10 F. Supp. 991 (E.D. Pa. 1935). “These can be found in 28 USCA §§ 653 and 701. Counsel supporting the motion to quash read section 701 as applying only to actions “for the recovery of money or property,” neither of which they say the pending suit is.”

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