Federal Legislation on Alternative Dispute Resolution

The following bills related to Alternative Dispute Resolution have been introduced recently by the 111st. Congress.

• H.R. 1214. Filed by Rep. Gutierrez, (D-IL) this bill, titled “Payday Loan Reform Act of 2009,” would amend the Truth in Lending Act to establish additional payday loan requirements to protect consumers. This bill, among other things, prohibits a mandatory arbitration clause that is “oppressive, unfair, unconscionable, or substantially in derogation of the rights of consumers.” Status: referred to the house Committee on Financial Services on 02/26/2009.

• S. 512. Filed by Sen. Martinez (R-FL) this bill, titled “Fairness in Nursing Home Arbitration Act of 2009,” would prohibit arbitration agreements in nursing home contracts. Status: referred to the Senate Committee on the Judiciary on 03/03/2009.

• S. 560. Filed by Sen. Kennedy (D-MA), this bill, titled “Employee Free Choice Act of 2009,” would amend the National Labor Relations Act to require first mediation and then binding arbitration if both parties are unable to reach an agreement within certain time frame. Status: referred to the Committee on Health, Education, Labor, and Pensions on 03/10/2009.

• H.R. 1409. Filed by Rep. Miller (D-CA), this bill is similar to S. 560. Status: referred to the House Committee on Education and Labor on 03/10/2009.

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