Federal & State Regulations | Alternative Dispute Resolution - Iowa

State Info

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

Arbitration

Under Iowa arbitration law, in Iowa Code 679A, a written agreement to submit to arbitration an existing controversy is valid, enforceable, and irrevocable unless grounds exist at law or in equity for the revocation of the written agreement.

A provision in a written contract to submit to arbitration a future controversy arising between the parties is valid, enforceable, and irrevocable unless grounds exist at law or in equity for the revocation of the contract.

Note: The arbitration provisions do not apply to a contract between employers and employees.

Mediation

Iowa also has enacted the “Uniform Mediation Act” relating to a mediation process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

The Act applies to mediation that occurs by statute, court, administrative or agency rule, or is referred by a court, an administrative agency, or an arbitrator, and specifies certain circumstances under which a mediation shall and shall not be conducted.