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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 Nevada’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under Nevada law, an agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
The courts decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
Arbitrators decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitral proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 28)
Regulations
Uniform Arbitration Act
Nevada Revised Statutes, Title 3, Chapter 38, Sections 38.206 through 38.248
Arbitration in Courts
Nevada Revised Statutes, Title 3, Chapter 38, Sections 38.250 through 38.259
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