['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 Montana’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under Montana law, arbitration agreements between employers and employees or between their respective representatives are valid and enforceable and may be subject to all or portions of the state’s Uniform Arbitration Act.
The state also has arbitration provisions for wrongful discharge cases.
State
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 27)
Regulations
Uniform Arbitration Act
Montana Code, Title 27, Chapter 5, Sections 27-5-111 through 27-5-324
http://leg.mt.gov/bills/mca_toc/27_5.htm
Arbitration – Wrongful Discharge
Montana Code, Title 39, Chapter 2, Part 9, Sections 39-2-914
http://leg.mt.gov/bills/mca/39/2/39-2-914.htm
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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