5 U.S.C. § 571 : US Code - Section 571: Definitions

Search 5 U.S.C. § 571 : US Code - Section 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.