Rule 9-102: Alternative Resolution of Disputes and Controversies

  1. Use of alternative dispute resolution

    Any controversy or dispute between or among parties that arises from or relates to this Compact that is not resolved under Rule 9-101 may be resolved by alternative dispute resolution processes. These shall consist of mediation and arbitration.

    2. Mediation and arbitration
    • a. Mediation

      i. A state that is party to a dispute may request, or the Executive Committee may require, the submission of a matter in controversy to mediation.

      ii. Mediation shall be conducted by a mediator appointed by the Executive Committee from a list of mediators approved by the Commission or a national organization responsible for setting standards for mediators, and pursuant to procedures customarily used in mediation proceedings.
    • b. Arbitration

      i. Arbitration may be recommended by the Executive Committee in any dispute regardless of the parties’ previous submission of the dispute to mediation.

      ii. Arbitration shall be administered by at least one neutral arbitrator or a panel of arbitrators not to exceed three members. These arbitrators shall be selected from a list of arbitrators maintained by the Commission.

      iii. Arbitration may be administered pursuant to procedures customarily used in arbitration proceedings and at the direction of the arbitrator.

      iv. Upon the demand of any party to a dispute arising under the Compact, the dispute shall be referred to the American Arbitration Association and shall be administered pursuant to its commercial arbitration rules.

      v. The arbitrator in all cases shall assess all costs of arbitration, including fees of the arbitrator and reasonable attorney fees of the prevailing party, against the party that did not prevail.

      vi. The arbitrator shall have the power to impose any sanction permitted by the provisions of this Compact and authorized Compact rules.

      vii. Judgment on any arbitration award may be entered in any court having jurisdiction.

History: Adopted as Rule 8-102 December 3, 2009, effective March 1, 2010; renumbered as Rule 9-102, effective April 1, 2014; clerically amended February 4, 2015, effective February 4, 2015; amended September 11, 2019, effective March 1, 2020