28 USC 652(d): Documents filed under seal and confidential mediation documents

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

Sec. 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) and (c), each district court shall, by 
local rule adopted under section 2071(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 
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. Any district court 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 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 shall consult with members of the 
bar, including the United States Attorney for that district.
    (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 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 of this title providing for the confidentiality of alternative dispute resolution processes under this chapter, each district court shall, by local rule adopted under section 2071(a), provide for the confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications. (Added Pub. L. 100-702, title IX, Sec. 901(a), Nov. 19, 1988, 102 Stat. 4659; amended Pub. L. 105-315, Sec. 4, Oct. 30, 1998, 112 Stat. 2994.) Amendments 1998--Pub. L. 105-315 amended section generally, substituting provisions relating to alternative dispute resolution jurisdiction for provisions relating to arbitration jurisdiction. Exception to Limitation on Money Damages Pub. L. 100-702, title IX, Sec. 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, Sec. 12(a), Oct. 30, 1998, 112 Stat. 2998.