Federal & State Regulations | Alternative Dispute Resolution - California

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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 have also adopted the Revised Uniform Arbitration Act.

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

Mediation

California’s State Mediation and Conciliation Service may investigate and mediate labor disputes providing any bona fide party to this type of dispute requests intervention by the department.

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

The department may arbitrate or arrange for the selection of boards of arbitration on such terms as all of the bona fide parties to the dispute may agree upon. Any decision or award arising out of an arbitration conducted pursuant to this section is a public record.

Section 703.5 and Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code apply to a mediation conducted by the California State Mediation and Conciliation Service, and any person conducting the mediation. All other records of the department relating to labor disputes are confidential.

Arbitration

Under California’s Code of Civil Procedure, a written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.

The state has specific procedures regarding arbitration and enforcement of arbitrator’s awards.