Federal & State Regulations | Alternative Dispute Resolution - Alaska

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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, including Alaska have also adopted the Revised Uniform Arbitration Act.

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

Arbitration

Alaska statutes regarding arbitration are found in Title 9, Chapter 43, Article 1, Sections 09.43.010 through 09.43.180 and 09.43.300 through 09.43.595. Under this law, a written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a subsequent controversy between the parties is valid, enforceable, and irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract.

Note: The Arbitration requirements discussed above do not apply to a labor-management contract unless they are incorporated into the contract by reference or their application is provided for by statute.