Alternative Dispute Resolution - New York

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 York’s requirements regarding ADR. Consult the regulatory links for detailed information.

Arbitration

Under New York law, a written agreement to submit any controversy to arbitration is enforceable without regard to the “justiciable character” of the controversy. Jurisdiction is conferred on the courts of the state to enforce it and to enter judgment on an award.

An arbitrator and any attorney of record in the arbitration proceeding has the power to issue subpoenas. An arbitrator has the power to administer oaths.

State

Contacts

Federal Mediation and Conciliation Service

National Labor Relations Board (Region 3)

National Labor Relations Board (Region 29)

National Labor Relations Board (Region 2)

Public Employment Relations Board (PERB)

Executive Branch Employees

Governor’s Office of Employee Relations

Regulations

Consolidated Law of New York, Civil Practice Law and Rules, Article 75, Sections 7501 through 7514

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