5 USC 574(j): Dispute Resolution Communication

          
Sec. 574. Confidentiality

    (a) Except as provided in subsections (d) and (e), a neutral in a 
dispute resolution proceeding shall not voluntarily disclose or through 
discovery or compulsory process be required to disclose any dispute 
resolution communication or any communication provided in confidence to 
the neutral, unless--
        (1) all parties to the dispute resolution proceeding and the 
    neutral consent in writing, and, if the dispute resolution 
    communication was provided by a nonparty participant, that 
    participant also consents in writing;
        (2) the dispute resolution communication has already been made 
    public;
        (3) the dispute resolution communication is required by statute 
    to be made public, but a neutral should make such communication 
    public only if no other person is reasonably available to disclose 
    the communication; or
        (4) a court determines that such testimony or disclosure is 
    necessary to--
            (A) prevent a manifest injustice;
            (B) help establish a violation of law; or
            (C) prevent harm to the public health or safety,

    of sufficient magnitude in the particular case to outweigh the 
    integrity of dispute resolution proceedings in general by reducing 
    the confidence of parties in future cases that their communications 
    will remain confidential.


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    (b) A party to a dispute resolution proceeding shall not voluntarily 
disclose or through discovery or compulsory process be required to 
disclose any dispute resolution communication, unless--
        (1) the communication was prepared by the party seeking 
    disclosure;
        (2) all parties to the dispute resolution proceeding consent in 
    writing;
        (3) the dispute resolution communication has already been made 
    public;
        (4) the dispute resolution communication is required by statute 
    to be made public;
        (5) a court determines that such testimony or disclosure is 
    necessary to--
            (A) prevent a manifest injustice;
            (B) help establish a violation of law; or
            (C) prevent harm to the public health and safety,

    of sufficient magnitude in the particular case to outweigh the 
    integrity of dispute resolution proceedings in general by reducing 
    the confidence of parties in future cases that their communications 
    will remain confidential;
        (6) the dispute resolution communication is relevant to 
    determining the existence or meaning of an agreement or award that 
    resulted from the dispute resolution proceeding or to the 
    enforcement of such an agreement or award; or
        (7) except for dispute resolution communications generated by 
    the neutral, the dispute resolution communication was provided to or 
    was available to all parties to the dispute resolution proceeding.

    (c) Any dispute resolution communication that is disclosed in 
violation of subsection (a) or (b), shall not be admissible in any 
proceeding relating to the issues in controversy with respect to which 
the communication was made.
    (d)(1) The parties may agree to alternative confidential procedures 
for disclosures by a neutral. Upon such agreement the parties shall 
inform the neutral before the commencement of the dispute resolution 
proceeding of any modifications to the provisions of subsection (a) that 
will govern the confidentiality of the dispute resolution proceeding. If 
the parties do not so inform the neutral, subsection (a) shall apply.
    (2) To qualify for the exemption established under subsection (j), 
an alternative confidential procedure under this subsection may not 
provide for less disclosure than the confidential procedures otherwise 
provided under this section.
    (e) If a demand for disclosure, by way of discovery request or other 
legal process, is made upon a neutral regarding a dispute resolution 
communication, the neutral shall make reasonable efforts to notify the 
parties and any affected nonparty participants of the demand. Any party 
or affected nonparty participant who receives such notice and within 15 
calendar days does not offer to defend a refusal of the neutral to 
disclose the requested information shall have waived any objection to 
such disclosure.
    (f) Nothing in this section shall prevent the discovery or 
admissibility of any evidence that is otherwise discoverable, merely 
because the evidence was presented in the course of a dispute resolution 
proceeding.
    (g) Subsections (a) and (b) shall have no effect on the information 
and data that are necessary to document an agreement reached or order 
issued pursuant to a dispute resolution proceeding.
    (h) Subsections (a) and (b) shall not prevent the gathering of 
information for research or educational purposes, in cooperation with 
other agencies, governmental entities, or dispute resolution programs, 
so long as the parties and the specific issues in controversy are not 
identifiable.
    (i) Subsections (a) and (b) shall not prevent use of a dispute 
resolution communication to resolve a dispute between the neutral in a 
dispute resolution proceeding and a party to or participant in such 
proceeding, so long as such dispute resolution communication is 
disclosed only to the extent necessary to resolve such dispute.

        

            
 
          
    (j) A dispute resolution communication which is between a neutral 
and a party and which may not be disclosed under this section shall also 
be exempt from disclosure under section 552(b)(3).

(Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2740, 
Sec. 584; renumbered Sec. 574, Pub. L. 102-354, Sec. 3(b)(2), Aug. 26, 
1992, 106 Stat. 944; amended Pub. L. 104-320, Sec. 3, Oct. 19, 1996, 110 
Stat. 3870.)

                          Codification

    Section 574 of former Title 5, Executive Departments and Government 
Officers and Employees, was transferred to section 2255 of Title 7, 
Agriculture.
    Section 574a of former Title 5, Executive Departments and Government 
Officers and Employees, was transferred to section 2226 of Title 7.


                            Prior Provisions

    A prior section 574 was renumbered section 594 of this title.


                               Amendments

    1996--Subsecs. (a), (b). Pub. L. 104-320, Sec. 3(a), in introductory 
provisions struck out ``any information concerning'' after ``be required 
to disclose''.
    Subsec. (b)(7). Pub. L. 104-320, Sec. 3(b), amended par. (7) 
generally. Prior to amendment, par. (7) read as follows: ``the dispute 
resolution communication was provided to or was available to all parties 
to the dispute resolution proceeding''.
    Subsec. (d). Pub. L. 104-320, Sec. 3(c), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (j). Pub. L. 104-320, Sec. 3(d), amended subsec. (j) 
generally. Prior to amendment, subsec. (j) read as follows: ``This 
section shall not be considered a statute specifically exempting 
disclosure under section 552(b)(3) of this title.''
    1992--Pub. L. 102-354 renumbered section 584 of this title as this 
section.