Alternative Dispute Resolution - West 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 West Virginia’s requirements regarding ADR. Consult the regulatory links for detailed information.

Arbitration

Persons desiring to end any controversy, whether there be 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.

State

Contacts

Federal Mediation and Conciliation Service

National Labor Relations Board (Region 9)

Regulations

Arbitration

Chapter 55, Article 10, §§55-10-1 through 55-10-8
www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=55&art=10

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