In the Senate of the United States,
October 7 (legislative day, October 2), 1998.
Resolved, That the bill from the House of Representa-
tives (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:
Ω1æPage 2, after line 3, insert:
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
Congress finds that—
(1) alternative dispute resolution, when sup-
ported by the bench and bar, and utilizing properly
trained neutrals in a program adequately adminis-
tered by the court, has the potential to provide a vari-
ety of benefits, including greater satisfaction of the
parties, innovative methods of resolving disputes, and
greater efficiency in achieving settlements;
HR 3528 EAS
(2) certain forms of alternative dispute resolu-
tion, including mediation, early neutral evaluation,
minitrials, and voluntary arbitration, may have po-
tential to reduce the large backlog of cases now pend-
ing in some federal courts throughout the United
States, thereby allowing the courts to process their re-
maining 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.
Ω2æPage 2, line 4, strike out øSEC. 2¿ and insert: SEC.
Ω3æPage 2, line 21, strike out ø2071(b)¿ and insert:
2071(a)
Ω4æPage 3, line 1, strike out ø2071(b)¿ and insert:
2071(a)
Ω5æPage 4, line 5, strike out øSEC. 3¿ and insert: SEC.
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Ω6æPage 4, line 13, strike out ø2071(b)¿ and insert:
2071(a)
Ω7æPage 5, line 18, strike out ø2071(b)¿ and insert:
2071(a)
Ω8æPage 5, line 22, strike out øSEC. 4¿ and insert: SEC.
Ω9æPage 6, line 21, strike out ø2071(b)¿ and insert:
2071(a)
Ω10æPage 7, line 1, strike out øSEC. 5¿ and insert: SEC.
Ω11æPage 7, line 7, strike out øsubsections (b) and (c)¿
and insert: subsections (a), (b), and (c)
Ω12æPage 7, line 11, after ‘‘it’’ insert: when the parties
consent
Ω13æPage 7, line 24, strike out ø2071(b)¿ and insert:
2071(a)
Ω14æPage 8, line 9, strike out øsection¿ and insert: chap-
ter
Ω15æPage 8, line 10, strike out øaction¿ and insert: pro-
gram
HR 3528 EAS
Ω16æPage 8, line 11, strike out øsection 906¿ and insert:
title IX
Ω17æPage 8, line 12, strike out ø100–102¿ and insert:
100–702
Ω18æPage 8, line 13, strike out øas in effect prior to the
date of its repeal¿ and insert: as amended by section 1
of Public Law 105–53
Ω19æPage 8, line 14, strike out øSEC. 6¿ and insert: SEC.
Ω20æPage 9, line 16, strike out øSEC. 7¿ and insert: SEC.
Ω21æPage 10, line 1, strike out øSEC. 8¿ and insert: SEC.
Ω22æPage 10, line 21, strike out ø2071(b)¿ and insert:
2071(a)
Ω23æPage 11, line 22, strike out øSEC. 9¿ and insert:
SEC. 10
Ω24æPage 12, line 10, after ‘‘arbitrators’’ insert: and other
neutrals
Ω25æPage 12, line 13, strike out øSEC. 10¿ and insert:
SEC. 11
HR 3528 EAS
Ω26æPage 12, line 18, strike out øSEC. 11¿ and insert:
SEC. 12
Attest:
Secretary.