---
kind: "section"
citation: "28 U.S.C. § 652"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "652"
heading: "Jurisdiction"
release: "119-102"
url: "https://uscodex.org/usc/28/652"
units:
  - "Part III — Court Officers and Employees"
  - "Chapter 44 — Alternative Dispute Resolution"
---

# §652. Jurisdiction

- (a) **Consideration of Alternative Dispute Resolution in Appropriate Cases.—** Notwithstanding any provision of law to the contrary and except as provided in subsections [(b)](#b) and [(c)](#c), each [district court](/usc/28/451.md) shall, by local rule adopted under [section 2071(a)](/usc/28/2071.md?p=a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigation. Each [district court](/usc/28/451.md) shall provide litigants in all civil cases with at least one alternative dispute resolution process, including, but not limited to, mediation, early neutral evaluation, minitrial, and arbitration as authorized in [sections 654 through 658](/usc/28/654..658.md). Any [district court](/usc/28/451.md) that elects to require the use of alternative dispute resolution in certain cases may do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration.
- (b) **Actions Exempted From Consideration of Alternative Dispute Resolution.—** Each [district court](/usc/28/451.md) may exempt from the requirements of this section specific cases or categories of cases in which use of alternative dispute resolution would not be appropriate. In defining these exemptions, each [district court](/usc/28/451.md) shall consult with members of the bar, including the United States Attorney for that [district](/usc/28/451.md).
- (c) **Authority of the Attorney General.—** Nothing in this section shall alter or conflict with the authority of the Attorney General to conduct litigation on behalf of the United States, with the authority of any Federal [agency](/usc/28/451.md) authorized to conduct litigation in the United States courts, or with any delegation of litigation authority by the Attorney General.
- (d) **Confidentiality Provisions.—** Until such time as rules are adopted under [chapter 131](/usc/28/chptV-ch131.md) of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each [district court](/usc/28/451.md) shall, by local rule adopted under [section 2071(a)](/usc/28/2071.md?p=a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications.

## Source credit

(Added Pub. L. 100–702, title IX, § 901(a), Nov. 19, 1988, 102 Stat. 4659; amended Pub. L. 105–315, § 4, Oct. 30, 1998, 112 Stat. 2994.)

## Notes

### Editorial Notes

### Amendments

1998—Pub. L. 105–315 amended section generally, substituting provisions relating to alternative dispute resolution jurisdiction for provisions relating to arbitration jurisdiction.

### Statutory Notes and Related Subsidiaries

### Exception to Limitation on Money Damages

Pub. L. 100–702, title IX, § 901(c), Nov. 19, 1988, 102 Stat. 4663, provided that notwithstanding establishment by former section 652 of this title of a $100,000 limitation on money damages with respect to cases referred to arbitration, a district court listed in former section 658 of this title whose local rule on Nov. 19, 1988, provided for a limitation on money damages of not more than $150,000, could continue to apply the higher limitation, prior to repeal by Pub. L. 105–315, § 12(a), Oct. 30, 1998, 112 Stat. 2998.