Federal & State Regulations | Alternative Dispute Resolution - Tennessee

State Info

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

Arbitration

Under Tennessee law, all causes of action, whether there be a suit pending or not, may be submitted to the decision arbitrators, except in the following cases:

Where one of the parties to the controversy is an infant or a person of unsound mind;
One respecting a claim to an estate in real property, in fee or for life. Not included in the exception are:
(A) A controversy in regard to an estate or term for one (1) year or less or of years not exceeding five (5); or
(B) Respecting the partition of real property, or the boundaries of lands.

Under the state’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 save upon such grounds as exist at law or in equity for the revocation of any contract; provided, that for contracts relating to farm property, structures or goods, or to property and structures utilized as a residence of a party, the clause providing for arbitration shall be additionally signed or initialed by the parties.