---
kind: "range"
citation: "5 U.S.C. §§ 571–583"
title: "5"
from: "571"
to: "583"
count: 13
release: "119-102"
url: "https://uscodex.org/usc/5/571..583"
---

# §571. Definitions


For the purposes of this subchapter, the term—

- (1) “[agency](/usc/5/500.md?p=a-1)” has the same meaning as in [section 551(1) of this title](/usc/5/551.md?p=1);
- (2) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter;
- (3) “alternative means of dispute resolution” means any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and use of ombuds, or any combination thereof;
- (4) “award” means any decision by an arbitrator resolving the issues in controversy;
- (5) “dispute resolution communication” means any oral or written communication prepared for the purposes of a [dispute resolution proceeding](#6), including any memoranda, notes or work product of the [neutral](#9), [parties](#10) or nonparty [participant](/usc/5/8471.md?p=3); except that a written agreement to enter into a [dispute resolution proceeding](#6), or final written agreement or arbitral [award](#4) reached as a result of a [dispute resolution proceeding](#6), is not a dispute resolution communication;
- (6) “dispute resolution proceeding” means any process in which an [alternative means of dispute resolution](#3) is used to resolve an [issue in controversy](#8) in which a [neutral](#9) is appointed and specified [parties](#10) participate;
- (7) “in confidence” means, with respect to information, that the information is provided—
  - (A) with the expressed intent of the source that it not be disclosed; or
  - (B) under circumstances that would create the reasonable expectation on behalf of the source that the information will not be disclosed;
- (8) “issue in controversy” means an issue which is material to a decision concerning an [administrative program](#2) of an [agency](/usc/5/500.md?p=a-1), and with which there is disagreement—
  - (A) between an [agency](/usc/5/500.md?p=a-1) and persons who would be substantially affected by the decision; or
  - (B) between persons who would be substantially affected by the decision;
- (9) “neutral” means an individual who, with respect to an [issue in controversy](#8), functions specifically to aid the [parties](#10) in resolving the controversy;
- (10) “party” means—
  - (A) for a proceeding with named [parties](#10), the same as in [section 551(3) of this title](/usc/5/551.md?p=3); and
  - (B) for a proceeding without named [parties](#10), a person who will be significantly affected by the decision in the proceeding and who participates in the proceeding;
- (11) “person” has the same meaning as in [section 551(2) of this title](/usc/5/551.md?p=2); and
- (12) “roster” means a list of persons qualified to provide [services](/usc/5/8331.md?p=12) as [neutrals](#9).

# §572. General authority

- (a) An [agency](/usc/5/500.md?p=a-1) may use a [dispute resolution proceeding](/usc/5/571.md?p=6) for the resolution of an [issue in controversy](/usc/5/571.md?p=8) that relates to an [administrative program](/usc/5/571.md?p=2), if the [parties](/usc/5/571.md?p=10) agree to such proceeding.
- (b) An [agency](/usc/5/500.md?p=a-1) shall consider not using a [dispute resolution proceeding](/usc/5/571.md?p=6) if—
  - (1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;
  - (2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the [agency](/usc/5/500.md?p=a-1);
  - (3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
  - (4) the matter significantly affects persons or organizations who are not [parties](/usc/5/571.md?p=10) to the proceeding;
  - (5) a full public record of the proceeding is important, and a [dispute resolution proceeding](/usc/5/571.md?p=6) cannot provide such a record; and
  - (6) the [agency](/usc/5/500.md?p=a-1) must maintain continuing jurisdiction over the matter with [authority](/usc/5/7103.md?p=a-6) to alter the disposition of the matter in the light of changed circumstances, and a [dispute resolution proceeding](/usc/5/571.md?p=6) would interfere with the [agency](/usc/5/500.md?p=a-1)’s fulfilling that requirement.
- (c) [Alternative means of dispute resolution](/usc/5/571.md?p=3) authorized under this subchapter are voluntary procedures which supplement rather than limit other available [agency](/usc/5/500.md?p=a-1) dispute resolution techniques.

# §573. Neutrals

- (a) A [neutral](/usc/5/571.md?p=9) may be a permanent or temporary officer or [employee](/usc/5/5361.md?p=1) of the Federal Government or any other individual who is acceptable to the [parties](/usc/5/571.md?p=10) to a [dispute resolution proceeding](/usc/5/571.md?p=6). A [neutral](/usc/5/571.md?p=9) shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all [parties](/usc/5/571.md?p=10) and all [parties](/usc/5/571.md?p=10) agree that the [neutral](/usc/5/571.md?p=9) may serve.
- (b) A [neutral](/usc/5/571.md?p=9) who serves as a conciliator, fa­cilitator, or mediator serves at the will of the [parties](/usc/5/571.md?p=10).
- (c) The President shall designate an [agency](/usc/5/500.md?p=a-1) or designate or establish an interagency committee to facilitate and encourage [agency](/usc/5/500.md?p=a-1) use of dispute resolution under this subchapter. Such [agency](/usc/5/500.md?p=a-1) or interagency committee, in consultation with other appropriate [Federal agencies](/usc/5/401.md?p=2) and professional organizations experienced in matters concerning dispute resolution, shall—
  - (1) encourage and facilitate [agency](/usc/5/500.md?p=a-1) use of [alternative means of dispute resolution](/usc/5/571.md?p=3); and
  - (2) develop procedures that permit [agencies](/usc/5/500.md?p=a-1) to obtain the [services](/usc/5/8331.md?p=12) of [neutrals](/usc/5/571.md?p=9) on an expedited basis.
- (d) An [agency](/usc/5/500.md?p=a-1) may use the [services](/usc/5/8331.md?p=12) of one or more [employees](/usc/5/5361.md?p=1) of other [agencies](/usc/5/500.md?p=a-1) to serve as [neutrals](/usc/5/571.md?p=9) in [dispute resolution proceedings](/usc/5/571.md?p=6). The [agencies](/usc/5/500.md?p=a-1) may enter into an interagency agreement that provides for the reimbursement by the user [agency](/usc/5/500.md?p=a-1) or the [parties](/usc/5/571.md?p=10) of the full or partial cost of the [services](/usc/5/8331.md?p=12) of such an [employee](/usc/5/5361.md?p=1).
- (e) Any [agency](/usc/5/500.md?p=a-1) may enter into a contract with any person for [services](/usc/5/8331.md?p=12) as a [neutral](/usc/5/571.md?p=9), or for training in connection with [alternative means of dispute resolution](/usc/5/571.md?p=3). The [parties](/usc/5/571.md?p=10) in a [dispute resolution proceeding](/usc/5/571.md?p=6) shall agree on compensation for the [neutral](/usc/5/571.md?p=9) that is fair and reasonable to the Government.

# §574. Confidentiality

- (a) Except as provided in subsections [(d)](#d) and [(e)](#e), a [neutral](/usc/5/571.md?p=9) in a [dispute resolution proceeding](/usc/5/571.md?p=6) shall not voluntarily disclose or through discovery or compulsory process be required to disclose any [dispute resolution communication](/usc/5/571.md?p=5) or any communication provided [in confidence](/usc/5/571.md?p=7) to the [neutral](/usc/5/571.md?p=9), unless—
  - (1) all [parties](/usc/5/571.md?p=10) to the [dispute resolution proceeding](/usc/5/571.md?p=6) and the [neutral](/usc/5/571.md?p=9) consent in writing, and, if the [dispute resolution communication](/usc/5/571.md?p=5) was provided by a nonparty [participant](/usc/5/8471.md?p=3), that [participant](/usc/5/8471.md?p=3) also consents in writing;
  - (2) the [dispute resolution communication](/usc/5/571.md?p=5) has already been made public;
  - (3) the [dispute resolution communication](/usc/5/571.md?p=5) is required by statute to be made public, but a [neutral](/usc/5/571.md?p=9) 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](/usc/5/571.md?p=6) in general by reducing the confidence of [parties](/usc/5/571.md?p=10) in future cases that their communications will remain confidential.

- (b) A [party](/usc/5/571.md?p=10) to a [dispute resolution proceeding](/usc/5/571.md?p=6) shall not voluntarily disclose or through discovery or compulsory process be required to disclose any [dispute resolution communication](/usc/5/571.md?p=5), unless—
  - (1) the communication was prepared by the [party](/usc/5/571.md?p=10) seeking disclosure;
  - (2) all [parties](/usc/5/571.md?p=10) to the [dispute resolution proceeding](/usc/5/571.md?p=6) consent in writing;
  - (3) the [dispute resolution communication](/usc/5/571.md?p=5) has already been made public;
  - (4) the [dispute resolution communication](/usc/5/571.md?p=5) 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](/usc/5/571.md?p=6) in general by reducing the confidence of [parties](/usc/5/571.md?p=10) in future cases that their communications will remain confidential;

  - (6) the [dispute resolution communication](/usc/5/571.md?p=5) is relevant to determining the existence or meaning of an agreement or [award](/usc/5/571.md?p=4) that resulted from the [dispute resolution proceeding](/usc/5/571.md?p=6) or to the enforcement of such an agreement or [award](/usc/5/571.md?p=4); or
  - (7) except for [dispute resolution communications](/usc/5/571.md?p=5) generated by the [neutral](/usc/5/571.md?p=9), the [dispute resolution communication](/usc/5/571.md?p=5) was provided to or was available to all [parties](/usc/5/571.md?p=10) to the [dispute resolution proceeding](/usc/5/571.md?p=6).
- (c) Any [dispute resolution communication](/usc/5/571.md?p=5) that is disclosed in violation of subsection [(a)](#a) or [(b)](#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](/usc/5/571.md?p=10) may agree to alternative confidential procedures for disclosures by a [neutral](/usc/5/571.md?p=9). Upon such agreement the [parties](/usc/5/571.md?p=10) shall inform the [neutral](/usc/5/571.md?p=9) before the commencement of the [dispute resolution proceeding](/usc/5/571.md?p=6) of any modifications to the provisions of [subsection (a)](#a) that will govern the confidentiality of the [dispute resolution proceeding](/usc/5/571.md?p=6). If the [parties](/usc/5/571.md?p=10) do not so inform the [neutral](/usc/5/571.md?p=9), [subsection (a)](#a) shall apply.
  - (2) To qualify for the exemption established under [subsection (j)](#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](/usc/5/571.md?p=9) regarding a [dispute resolution communication](/usc/5/571.md?p=5), the [neutral](/usc/5/571.md?p=9) shall make reasonable efforts to notify the [parties](/usc/5/571.md?p=10) and any affected nonparty [participants](/usc/5/8471.md?p=3) of the demand. Any [party](/usc/5/571.md?p=10) or affected nonparty [participant](/usc/5/8471.md?p=3) who receives such notice and within 15 calendar days does not offer to defend a refusal of the [neutral](/usc/5/571.md?p=9) 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](/usc/5/571.md?p=6).
- (g) Subsections [(a)](#a) and [(b)](#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](/usc/5/571.md?p=6).
- (h) Subsections [(a)](#a) and [(b)](#b) shall not prevent the gathering of information for research or educational purposes, in cooperation with other [agencies](/usc/5/500.md?p=a-1), governmental entities, or dispute resolution programs, so long as the [parties](/usc/5/571.md?p=10) and the specific issues in controversy are not identifiable.
- (i) Subsections [(a)](#a) and [(b)](#b) shall not prevent use of a [dispute resolution communication](/usc/5/571.md?p=5) to resolve a dispute between the [neutral](/usc/5/571.md?p=9) in a [dispute resolution proceeding](/usc/5/571.md?p=6) and a [party](/usc/5/571.md?p=10) to or [participant](/usc/5/8471.md?p=3) in such proceeding, so long as such [dispute resolution communication](/usc/5/571.md?p=5) is disclosed only to the extent necessary to resolve such dispute.
- (j) A [dispute resolution communication](/usc/5/571.md?p=5) which is between a [neutral](/usc/5/571.md?p=9) and a [party](/usc/5/571.md?p=10) and which may not be disclosed under this section shall also be exempt from disclosure under [section 552(b)(3)](/usc/5/552.md?p=b-3).

# §575. Authorization of arbitration

- (a)
  - (1) Arbitration may be used as an [alternative means of dispute resolution](/usc/5/571.md?p=3) whenever all [parties](/usc/5/571.md?p=10) consent. Consent may be obtained either before or after an [issue in controversy](/usc/5/571.md?p=8) has arisen. A [party](/usc/5/571.md?p=10) may agree to—
    - (A) submit only certain issues in controversy to arbitration; or
    - (B) arbitration on the condition that the [award](/usc/5/571.md?p=4) must be within a range of possible outcomes.
  - (2) The arbitration agreement that sets forth the subject matter submitted to the arbitrator shall be in writing. Each such arbitration agreement shall specify a maximum [award](/usc/5/571.md?p=4) that may be issued by the arbitrator and may specify other conditions limiting the range of possible outcomes.
  - (3) An [agency](/usc/5/500.md?p=a-1) may not require any person to consent to arbitration as a condition of entering into a contract or obtaining a benefit.
- (b) An officer or [employee](/usc/5/5361.md?p=1) of an [agency](/usc/5/500.md?p=a-1) shall not offer to use arbitration for the resolution of issues in controversy unless such officer or [employee](/usc/5/5361.md?p=1)—
  - (1) would otherwise have [authority](/usc/5/7103.md?p=a-6) to enter into a settlement concerning the matter; or
  - (2) is otherwise specifically authorized by the [agency](/usc/5/500.md?p=a-1) to consent to the use of arbitration.
- (c) Prior to using binding arbitration under this subchapter, the head of an [agency](/usc/5/500.md?p=a-1), in consultation with the Attorney General and after taking into [account](/usc/5/8401.md?p=1) the factors in [section 572(b)](/usc/5/572.md?p=b), shall issue guidance on the appropriate use of binding arbitration and when an officer or [employee](/usc/5/5361.md?p=1) of the [agency](/usc/5/500.md?p=a-1) has [authority](/usc/5/7103.md?p=a-6) to settle an [issue in controversy](/usc/5/571.md?p=8) through binding arbitration.

# §576. Enforcement of arbitration agreements


An agreement to arbitrate a matter to which this subchapter applies is enforceable pursuant to [section 4 of title 9](/usc/9/4.md), and no action brought to enforce such an agreement shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable [party](/usc/5/571.md?p=10).


# §577. Arbitrators

- (a) The [parties](/usc/5/571.md?p=10) to an arbitration proceeding shall be entitled to participate in the selection of the arbitrator.
- (b) The arbitrator shall be a [neutral](/usc/5/571.md?p=9) who meets the criteria of [section 573 of this title](/usc/5/573.md).

# §578. Authority of the arbitrator


An arbitrator to whom a dispute is referred under this subchapter may—

- (1) regulate the course of and conduct arbitral hearings;
- (2) administer oaths and affirmations;
- (3) compel the attendance of witnesses and production of evidence at the hearing under the provisions of [section 7 of title 9](/usc/9/7.md) only to the extent the [agency](/usc/5/500.md?p=a-1) involved is otherwise authorized by law to do so; and
- (4) make [awards](/usc/5/571.md?p=4).

# §579. Arbitration proceedings

- (a) The arbitrator shall set a time and place for the hearing on the dispute and shall notify the [parties](/usc/5/571.md?p=10) not less than 5 days before the hearing.
- (b) Any [party](/usc/5/571.md?p=10) wishing a record of the hearing shall—
  - (1) be responsible for the preparation of such record;
  - (2) notify the other [parties](/usc/5/571.md?p=10) and the arbitrator of the preparation of such record;
  - (3) furnish copies to all identified [parties](/usc/5/571.md?p=10) and the arbitrator; and
  - (4) pay all costs for such record, unless the [parties](/usc/5/571.md?p=10) agree otherwise or the arbitrator determines that the costs should be apportioned.
- (c)
  - (1) The [parties](/usc/5/571.md?p=10) to the arbitration are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
  - (2) The arbitrator may, with the consent of the [parties](/usc/5/571.md?p=10), conduct all or part of the hearing by telephone, television, computer, or other electronic means, if each [party](/usc/5/571.md?p=10) has an opportunity to participate.
  - (3) The hearing shall be conducted expeditiously and in an informal manner.
  - (4) The arbitrator may receive any oral or documentary evidence, except that irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator.
  - (5) The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives.
- (d) No interested person shall make or knowingly cause to be made to the arbitrator an unauthorized ex parte communication relevant to the merits of the proceeding, unless the [parties](/usc/5/571.md?p=10) agree otherwise. If a communication is made in violation of this subsection, the arbitrator shall ensure that a memorandum of the communication is prepared and made a part of the record, and that an opportunity for rebuttal is allowed. Upon receipt of a communication made in violation of this subsection, the arbitrator may, to the extent consistent with the interests of justice and the policies underlying this subchapter, require the offending [party](/usc/5/571.md?p=10) to show cause why the claim of such [party](/usc/5/571.md?p=10) should not be resolved against such [party](/usc/5/571.md?p=10) as a result of the improper conduct.
- (e) The arbitrator shall make the [award](/usc/5/571.md?p=4) within 30 days after the close of the hearing, or the date of the filing of any briefs authorized by the arbitrator, whichever date is later, unless—
  - (1) the [parties](/usc/5/571.md?p=10) agree to some other time limit; or
  - (2) the [agency](/usc/5/500.md?p=a-1) provides by rule for some other time limit.

# §580. Arbitration awards

- (a)
  - (1) Unless the [agency](/usc/5/500.md?p=a-1) provides otherwise by rule, the [award](/usc/5/571.md?p=4) in an arbitration proceeding under this subchapter shall include a brief, informal discussion of the factual and legal basis for the [award](/usc/5/571.md?p=4), but formal findings of fact or conclusions of law shall not be required.
  - (2) The prevailing [parties](/usc/5/571.md?p=10) shall file the [award](/usc/5/571.md?p=4) with all relevant [agencies](/usc/5/500.md?p=a-1), along with proof of [service](/usc/5/8331.md?p=12) on all [parties](/usc/5/571.md?p=10).
- (b) The [award](/usc/5/571.md?p=4) in an arbitration proceeding shall become final 30 days after it is served on all [parties](/usc/5/571.md?p=10). Any [agency](/usc/5/500.md?p=a-1) that is a [party](/usc/5/571.md?p=10) to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other [parties](/usc/5/571.md?p=10) before the end of the first 30-day period.
- (c) A final [award](/usc/5/571.md?p=4) is binding on the [parties](/usc/5/571.md?p=10) to the arbitration proceeding, and may be enforced pursuant to [sections 9 through 13](/usc/9/9..13.md) of title 9. No action brought to enforce such an [award](/usc/5/571.md?p=4) shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable [party](/usc/5/571.md?p=10).
- (d) An [award](/usc/5/571.md?p=4) entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an [award](/usc/5/571.md?p=4) also may not be used as precedent or otherwise be considered in any factually unrelated proceeding, whether conducted under this subchapter, by an [agency](/usc/5/500.md?p=a-1), or in a court, or in any other arbitration proceeding.

# §581. Judicial Review [1](#fn)

- (a) Notwithstanding any other provision of law, any person adversely affected or aggrieved by an [award](/usc/5/571.md?p=4) made in an arbitration proceeding conducted under this subchapter may bring an action for review of such [award](/usc/5/571.md?p=4) only pursuant to the provisions of [sections 9 through 13](/usc/9/9..13.md) of title 9.
- (b) A decision by an [agency](/usc/5/500.md?p=a-1) to use or not to use a [dispute resolution proceeding](/usc/5/571.md?p=6) under this subchapter shall be committed to the discretion of the [agency](/usc/5/500.md?p=a-1) and shall not be subject to judicial review, except that arbitration shall be subject to judicial review under section 10(b)[^2] of [title 9](/usc/9.md).

# [§582. Repealed. Pub. L. 104–320, § 4(b)(1), Oct. 19, 1996, 110 Stat. 3871 — repealed]



# §583. Support services


For the purposes of this subchapter, an [agency](/usc/5/500.md?p=a-1) may use (with or without reimbursement) the [services](/usc/5/8331.md?p=12) and facilities of other [Federal agencies](/usc/5/401.md?p=2), State, local, and tribal governments, public and private organizations and [agencies](/usc/5/500.md?p=a-1), and individuals, with the consent of such [agencies](/usc/5/500.md?p=a-1), organizations, and individuals. An [agency](/usc/5/500.md?p=a-1) may accept voluntary and uncompensated [services](/usc/5/8331.md?p=12) for purposes of this subchapter without regard to the provisions of [section 1342 of title 31](/usc/31/1342.md).