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['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
05/18/2022
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Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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RegSenseAlternative Dispute Resolution (ADR)State InfoUnions/Labor RelationsVirginiaBest ResultsHR ManagementEnglishFocus AreaHuman Resources
Alternative Dispute Resolution - Virginia
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 Virginia’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under Virginia law, persons desiring to end any controversy, whether there is a suit pending therefor or not, may submit the same to arbitration, and agree that such submission may be entered of record in any court. Neither party has the right to revoke an agreement to arbitrate except on a ground which would be good for revoking or annulling other agreements.
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, except upon such grounds as exist at law or in equity for the revocation of any contract. This law applies to arbitration agreements between employers and employees or between their respective representatives unless otherwise provided in the agreement; provided, however, that nothing in this chapter shall be construed to create any right to arbitration with respect to any controversy regarding the employment or terms and conditions of employment of any officer or employee of the Commonwealth.
State
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board (Region 11)
Regulations
Labor Dispute Arbitration, Mediation
Code of Virginia, Title 8.01, Chapter 21
General Mediation
Title 8.01, Chapter 21.2, Sections 8.01-581.21 through 8.01-581.26
Mediation and Conciliation of Labor Disputes
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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