The Federal Arbitration Act was first passed in 1925 and codified in 1947 under Title 9 of the US Code. This Act provides an authoritative framework for the sanctity and enforcement of arbitration agreement and awards.
It provides for methods for appointment of the arbitrator in the event of the failure of the parties to do so as per the agreement. It also contains provisions for summoning and enforcing the attendance of witnesses to testify in witness action in course of arbitration. The said Act also has stipulations to compel recalcitrant parties to arbitration as per existing agreement instead of litigation.
The Federal Arbitration Act overrides any state law that is inconsistent with its pro arbitration public policy or does not treat arbitration agreements or awards as sacrosanct. The aforesaid rule of preemption holds good in both federal and state courts.
(More http://www.access.gpo.gov/uscode/title9/chapter1_.html)
However, under the doctrine of choice of law the parties may opt to conduct their arbitration under the appropriate state law.
The Administrative Dispute Resolution Act of 1996 provides for mediation of disputes within government agencies or between citizens and state agencies.
(More http://www.usdoj.gov/odr/adra.pdf)
The Civil Justice Reforms Act of 1990 has introduced court managed alternative dispute resolution (ADR) programs. In terms of the said Act most of the federal courts have set up at least one court wide ADR program, which may include court annexed neutral evaluation program, mediation or arbitration. Moreover, the Alternative Dispute Resolution Act mandates the use of ADR in all civil actions.
(More http://www.rand.org/pubs/research_briefs/RB9022/index1.html http://www.usdoj.gov/crt/adr/pl105-315.txt )
