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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 Minnesota’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under Minnesota law, 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. The law applies to arbitration agreements between employers and employees or between their respective representatives unless otherwise provided in the agreement.
Alternative Dispute Resolution
Under Minnesota law, the state Supreme Court shall establish a statewide alternative dispute resolution program for the resolution of civil cases filed with the courts. The Supreme Court shall adopt rules governing practice, procedure, and jurisdiction for alternative dispute resolution programs. Except for matters involving family law the rules shall require the use of nonbinding alternative dispute resolution processes in all civil cases, except for good cause shown by the presiding judge, and must provide an equitable means for the payment of fees and expenses for the use of alternative dispute resolution processes.
Minnesota has an Alternative Dispute Resolution division in its Bureau of Mediation Services. MN ADR’s role is to promote the use of alternative dispute resolution as a means of reducing reliance on litigation and to assist state agencies in developing appropriate conflict management systems. The activities of the office include direct service provision and consulting services in areas outside the collective bargaining arena.
Bureau of Mediation Services
Minnesota’s Bureau of Mediation Services provides a host of alternative dispute resolution services.
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 18)
Regulations
Minnesota Uniform Arbitration Act
Minnesota Statutes at Compensatory and Collection Remedies, Chapter 572B, Sections 572B.01 through 572B.31
Alternative Dispute Resolution
Minnesota Statutes at Judiciary, Chapter 484, Section 484.76
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