5 U.S.C.
§ 571. Definitions
For the purposes of this subchapter, the term--
(1) "agency" has the same meaning as in section 551(1) of
this title;
(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, including
any memoranda, notes or work product of the neutral, parties or nonparty participant; except that
a written agreement to enter into a dispute resolution proceeding, or final written agreement or
arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution
communication;
(6) "dispute resolution proceeding" means any process in
which an alternative means of dispute resolution is used to resolve an issue in controversy in
which a neutral is appointed and specified parties 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 of an agency, and with which there is
disagreement--
(A) between an agency 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, functions specifically to aid the parties in resolving the controversy;
(10) "party" means--
(A) for a proceeding with named parties, the same as in section 551(3)
of this title; and
(B) for a proceeding without named parties, 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; and
(12) "roster" means a list of persons qualified to provide
services as neutrals.
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