Alternative Dispute Resolution - Arkansas

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 Arkansas’s requirements regarding ADR.  Consult the regulatory links for detailed information.

Labor Arbitration

Under Arkansas law, the Director of the Department of Labor has the power, jurisdiction, and authority to intervene in any labor dispute in a strictly conciliatory or mediatory capacity whenever he or she is extended a written invitation to do so by either party to the controversy.

The Department of Labor may proffer its services to both parties when a work stoppage is threatened and neither party requests intervention.

The Department also can promote the voluntary arbitration of disputes between employers and employees and to avoid the necessity of resorting to lockouts, boycotts, blacklists, discriminations, and legal proceedings in matters of employment.

Arbitration

Whenever both sides to any controversy agree to voluntary arbitration, the state’s Department of Labor may appoint temporary boards of arbitration, prescribe rules of procedure for the arbitration boards, conduct investigations and hearings, publish reports and advertisements, and do all things convenient and necessary to accomplish the purposes of this subchapter.

Alternative Dispute Resolution

The state also encourages alternative dispute resolution through the Arkansas Alternative Dispute Resolution Commission.

State

Contacts

Federal Mediation and Conciliation Service

Alternative Dispute Resolution Commission

Arkansas Department of Labor

National Labor Relations Board Little Rock (Region 26)

Regulations

Department Of Labor Authority in Labor Disputes

Arkansas Revised Statutes, Title 11, Chapter 2, Subchapter 1, Section 11-2-109

Alternative Dispute Resolution

Arkansas Revised Statutes, Title 16, Subchapter 1, Chapter 7, 16-7-101 et seq. and 16-7-201 through 16-7-207

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