['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 South Carolina’s requirements regarding ADR. Consult the regulatory links for detailed information.
Uniform Arbitration Act
Under South Carolina’s Uniform Arbitration Act, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable.
The Act does not apply to arbitration agreements between employers and employees or between their respective representatives unless the agreement provides that the law does apply. Notwithstanding any other provision of law, employers and employees or their respective representatives may not agree that workmen's compensation claims, unemployment compensation claims, and collective bargaining disputes be subject to the Act and any such provisions so agreed upon shall be null and void. An agreement to apply the Act shall not be made a condition of employment.
Labor Disputes
The Director of the state’s Department of Labor, Licensing, and Regulation or his designee is charged with investigating industrial disputes or strikes or lockouts arising between employer and employees or capital and labor and ascertaining as near as may be, the cause or causes of such industrial disputes or strikes or lockouts. The Director will oversee arbitration, as necessary.
State
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 11)
Regulations
Uniform Arbitration Act
Code of Laws of South Carolina, Title 15, Chapter 48, Sections 15-48-10 through 15-48-240
Labor Disputes
South Carolina Code, Title 41, Chapter 17, Sections 41-17-10 through 41-17-70
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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