['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
06/11/2024
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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 Kansas’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under Kansas law, all persons who have any controversy or controversies may submit such controversy or controversies to the arbitration of any person or persons, to be mutually agreed under the Uniform Arbitration Act, a written agreement to submit any existing controversy to arbitration is valid, enforceable and irrevocable except upon such grounds as exist at law or in equity for the revocation of any contract.
upon by the parties, and they may make such submission a rule of any court of record in this state.
Note: This Act does not apply to contracts between employers and employees, however.
State
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 17)
Regulations
Arbitration - General
Kansas Statutes, Chapter 5, Article 2, Sections 5-201 through 5-213
Kansas Uniform Arbitration Act
Kansas Statutes, Chapter 5, Article 4, Section 5-401 through 5-422
Dispute Resolution Act
Chapter 5, Article 5, Sections 5-501 through 5-518
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
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