The Inherent Power of the Federal Courts to Compel Participation in Nonbinding Forms of Alternative Dispute Resolution

This article argues that the federal district courts have the inherent authority to compel litigants to participate in nonbinding ADR processes, when local statues or rules are not in place to authorize such compulsion.  There are five reasons why the courts have the inherent power to compel participation in ADR processes.  First, the federal courts’ inherent powers are necessary to manage the courts’ affairs.  Second, inherent powers are key to achieving the orderly and expeditious disposition of cases.   Third, the courts’ inherent powers are strong, giving courts the ability to control the conduct of those appearing before them.   Fourth, the use of ADR eases crowded dockets by fostering settlement.   Fifth, all civil cases are to use ADR processes.   Since courts have strong inherent powers that are key to efficiently managing their proceedings and ADR is an effective case management technique that is to be used in all civil cases, then courts must have the inherent power to compel participation in nonbinding ADR.    
#Part II of this article explores the possible sources of court authority to compel litigants into ADR processes.  Part III examines the federal circuit split on inherent authority.  Part IV argues that federal courts necessarily possess the inherent powers to compel parties to participate in ADR processes based on the inherent power to manage and control their docket.  Part V proposes two possible ways to clarify the courts’ inherent powers.  Part VI concludes.