Between January and November 1994, approximately 500 cases were referred to arbitration. Case selection Eligibility of cases. In addition, if the United States is a party, arbitration is ordered in Miller Act or Federal Tort Claims Act cases within the monetary limit. 1332 or 1333 and Fed. Parties may also consent to arbitration for any civil case.
Referral is mandatory and automatic for all eligible cases.
The parties are notified of the referral by the clerk within twenty days of issuance. Consensual use of arbitration is also permitted. Opt-out or removal. In addition, any civil action may be exempt or withdrawn from arbitration if the presiding judge determines that the case is not suitable for arbitration. Mediation may be substituted for arbitration if the judge determines that the case is better suited to mediation.