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Federal law supporting alternative dispute resolution is found in theAdministrative 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 Maine’s requirements regarding ADR. Consult the regulatory links for detailed information.
Uniform Arbitration Act
It is declared to be the policy of the State to provide full and adequate facilities for the settlement of disputes between employers and employees or their representatives and other disputes subject to settlement through mediation.
Under the Uniform Arbitration Act, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This Act applies to arbitration agreements between employers and employees or between their respective representatives, unless otherwise provided in the agreement.
Arbitration – Collective Bargaining
Under Maine law, a written provision in any collective bargaining contract (entered into between August 28, 1957 and October 6, 1967) to settle by arbitration a controversy thereafter arising out of such contract or out of the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, or such refusal, herein designated as “a written submission agreement,” shall be valid, irrevocable and enforceable, save upon such grounds, independent of the provisions for arbitration, as exist at law or in equity for the revocation of any contract.
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 1)
Regulations
Uniform Arbitration Act
Maine Revised Statutes, Title 14, Part 7, Chapter 706, Sections 5927 through 5949
www.mainelegislature.org/legis/statutes/14/title14ch706sec0.html
Mediation and Arbitration – Panel of Mediators
Title 26, Chapter 9, Subchapter I, Sections 891 to 893
http://www.mainelegislature.org/legis/Statutes/26/title26ch9sec0.html
State Board of Arbitration/Conciliation
Title 26, Chapter 9, Subchapter II-A, Sections 931 through 939
http://www.mainelegislature.org/legis/Statutes/26/title26ch9sec0.html
Arbitration Pursuant To Collective Bargaining Contracts
Title 26, Chapter 9, Subchapter III, Sections 951 to 960 (applies only to contracts entered into between August 28, 1957 and October 6, 1967)
www.mainelegislature.org/legis/statutes/26/title26ch9sec0.html
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