['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
06/13/2024
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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 Mexico’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under New Mexico 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.
State
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 28)
Regulations
Uniform Arbitration Act
New Mexico Statutes, §§ 44-7A-1 to 44-7A-32
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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