['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
04/26/2024
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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 New Jersey’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
A provision in a written contract to settle by arbitration is valid, enforceable and irrevocable, except upon such grounds as exist at law or in equity for the revocation of a contract.
These provisions apply to an arbitration or dispute arising from a collective bargaining agreement or a collectively negotiated agreement.
Alternative Dispute Resolution
Any provision in a written contract whereby the parties agree to settle by means of alternative resolution is valid, enforceable and irrevocable, except upon such grounds as exist at law or in equity for the revocation of a contract.
State
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 22)
Regulations
Arbitration from Collective Bargaining Disputes
New Jersey Revised Statutes, Title 2A, Subtitle 6, Chapter 24
Selection of Arbitrators
Title 34, Chapter 13, Sections 34:13-1 through 34:13-9
General Arbitration Procedures
Title 2A, Sections 2A:23B-1 through 2A:23B-32
Alternative Dispute Resolution
New JerseyAlternative Procedure for Dispute Resolution Act
New Jersey Revised Statutes, Title 2A, Subtitle 6, Chapter 23A, Sections 2A:23A-1 through 2A:23A-30
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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