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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 Wisconsin’s requirements regarding ADR. Consult the regulatory links for detailed information.
Under Wisconsin law, parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement may agree in writing to have the employment relations commission serve as arbitrator. Parties to a labor dispute may agree in writing to have the commission act or name arbitrators in all or any part of such dispute, and thereupon the commission shall have the power so to act. The commission shall appoint as arbitrators only competent, impartial and disinterested persons.
Proceedings in any such arbitration must comply with Chapter 788 of Wisconsin Statutes.
The commission may also appoint mediators.
Wisconsin Statutes Chapter 788
Wisconsin Statutes Chapter 111.10 and 111.11