This article argues that the federal district courts have the inherent authority to compel litigants to participate in nonbinding Alternative Dispute Resolution processes, when local statutes or rules are not in place to authorize such compulsion. The authors assert five reasons why they believe the courts have this power: (1) the federal courts' inherent powers are necessary to manage the courts' affairs; (2) inherent powers are key to achieving the orderly and expeditious disposition of cases; (3) the courts' inherent powers are strong, giving courts the ability to control the conduct of those appearing before them; (4) the use of Alternative Dispute Resolution eases crowded dockets by fostering settlement; and (5) all civil cases are to use Alternative Dispute Resolution processes.
Amy M. Pugh & Richard A. Bales,
The Inherent Power of the Federal Courts to Compel Participation in Nonbinding Forms of Alternative Dispute Resolution,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol42/iss1/3