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Alternative Dispute Resolution - Alabama

RegSenseAlternative Dispute Resolution (ADR)State InfoUnions/Labor RelationsAlabamaBest ResultsHR ManagementEnglishFocus AreaHuman Resources

Summary of differences between federal and state regulations

Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.

In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.

Below is a summary of Alabama’s requirements regarding ADR. Consult the regulatory links for detailed information.

Labor Arbitration

Under Alabama labor dispute law, a grievance or dispute between an employer and employees may be submitted to a local board of arbitrators, consisting of three persons, for hearing and settlement. When the employees concerned are members in good standing of a labor organization, one arbitrator may be appointed by such organization and one by the employer. The two so designated shall appoint a third, who shall be chairman of the board. If such employees are not members of a labor organization, a majority thereof at a meeting duly called for that purpose may designate one arbitrator for such board.

Mediation

Under Section 6-6-20 of the Alabama Code, mediation is mandatory for all parties in the following instances:

  • At any time where all parties agree.
  • Upon motion by any party. The party asking for mediation shall pay the costs of mediation, except attorney fees, unless otherwise agreed.
  • In the event no party requests mediation, the trial court may, on its own motion, order mediation. The trial court may allocate the costs of mediation, except attorney fees, among the parties.

Common Law

Under Alabama law, common-law arbitration is not precluded.

State

Contacts

Federal Mediation and Conciliation Service

Alabama Department of Labor

National Labor Relations Board Birmingham (Resident Office, Region 10)

Regulations

Local Boards of Arbitration

Code of Alabama, Title 25, Chapter 7, Article 3, Sections 25-7-50 through 25-7-54.

Arbitration of Disputes

Code of Alabama, Title 6, Chapter 6, Article 1, Division 1, Section 6-6-1 through 6-6-16.

Mandatory Mediation Prior To Trial

Code of Alabama, Title 6, Chapter 6, Article 1, Section 6-6-20

Federal

Contacts

Federal Mediation and Conciliation Service

National Labor Relations Board

Regulations

The Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584

The Federal Arbitration Act, 9 USC sec. 1 – 16

['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
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