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Alternative Dispute Resolution Act of 1998

Public Law 105-315 · H.R. 3528 · 105th Congress · began in the House

Signed by Bill Clinton (D) on Oct 30, 1998 · Law

Sponsor: Rep. Howard Coble (R-NC-6)

Cosponsors: None

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions.

Directs each U.S. district court to: (1) authorize the use of ADR processes in all civil actions; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an employee or judicial officer who is knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program.

Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs.

(Sec. 4) Directs each district court to: (1) require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation; and (2) provide litigants in all civil cases with at least one ADR process. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. Authorizes each court to exempt from requirements of this section cases in which arbitration would not be appropriate. Requires each court to provide for the confidentiality of ADR processes and to prohibit disclosure of confidential dispute resolution communications.

(Sec. 5) Requires each district court that authorizes the use of ADR processes to adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training.

(Sec. 6) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, when the parties consent, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration.

(Sec. 7) Empowers ADR arbitrators to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Requires district courts to establish standards for arbitrator certification. Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity.

(Sec. 8) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing.

(Sec. 9) Sets forth provisions regarding: (1) filing procedures and the effect of an arbitration award and judgment; (2) the sealing of such award until the court enters its final judgment or the action has otherwise terminated; and (3) filing deadlines, restoration to the court docket, and the exclusion of evidence of arbitration with respect to a trial de novo of arbitration awards.

(Sec. 10) Directs the district court to establish the amount of compensation that each neutral shall receive for services rendered.

(Sec. 11) Authorizes appropriations.

Committees

The committees the bill was sent to, and what each did with it.

  • Judiciary Committee · House · markup by, referred to, reported by
  • Judiciary Committee · Senate · markup by, referred to, reported bySubcommittee: Administrative Oversight and the Courts Subcommittee
Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 21 actions.

  1. Oct 30, 1998Became lawBecame law · Became Public Law No: 105-315.
  2. Became lawBecame law · Signed by President.
  3. Oct 20, 1998PresidentPresident · Presented to President.
  4. Oct 10, 1998Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.
  6. Resolving differencesResolving differences · Mr. Coble moved that the House suspend the rules and agree to the Senate amendments.
  7. Oct 7, 1998FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  8. FloorFloor · Amendment SP 3784 agreed to in Senate by Unanimous Consent.
  9. FloorFloor · Measure laid before Senate by unanimous consent.
  10. Jul 30, 1998CommitteeCommittee · Reported by Senate Judiciary Committee
  11. CommitteeCommittee · Markup by Senate Judiciary Committee
  12. May 15, 1998CommitteeCommittee · Referred to Administrative Oversight and the Courts Subcommittee of the Senate Judiciary Committee
  13. Apr 22, 1998CommitteeCommittee · Referred to Senate Judiciary Committee
  14. Apr 21, 1998FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  15. FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 2 (Roll No. 101).House roll call 101
  16. FloorFloor · At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the Chair announced that further proceedings on the motion would be postponed.
  17. FloorFloor · Mr. Coble moved to suspend the rules and pass the bill, as amended.
  18. CommitteeCommittee · Reported by House Judiciary Committee
  19. Mar 24, 1998CommitteeCommittee · Markup by House Judiciary Committee
  20. Mar 23, 1998CommitteeCommittee · Referred to House Judiciary Committee
  21. IntroducedIntroduced · Introduced in the House
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.