FMCS Fixes Arbitration Rule Glitch in Reposted Notice
Published Date: 8/28/2026
Rule
Summary
The Federal Mediation and Conciliation Service (FMCS) is issuing an interim final rule with requests for comments to amend its arbitration services regulations. The interim final rule clarifies the circumstances in which the Office of Arbitration (OA) may decline to issue an arbitration panel, make a direct appointment, or provide related arbitration services. The rule would remove language that could be read to require FMCS to honor every unilateral request for an arbitration panel, regardless of legal constraints or FMCS's authority. Due to a technical error, FMCS is reposting this IFR and extending the deadline for comments to 30 days from the date of publication in the Federal Register. FMCS seeks public comment on this interim final rule.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
FMCS Can Screen and Decline Panel Requests
FMCS's Office of Arbitration (OA) can conduct a limited threshold inquiry and may decline, hold in abeyance, or otherwise refuse to issue an arbitration panel, make a direct appointment, or provide related arbitration services if doing so would be inconsistent with applicable law, a court order, or FMCS's statutory or regulatory authority. In making that inquiry OA may request the parties' agreement, statutory provision, regulation, court order, written authorization, or other information needed to determine whether FMCS may provide the requested service.
Non‑Standard Panels Need Joint Authorization
Requests for a panel other than the standard seven names, direct appointment of an arbitrator, or requests for special qualifications or other special services will only be honored if jointly submitted or otherwise authorized by both parties pursuant to mutual agreement. The revised rule keeps unilateral requests allowed for standard seven-name panels unless joint authorization is required by this part, applicable law, or the parties' agreement.
No New Fees or Significant Costs Expected
FMCS says this rule does not change the fee schedule in appendix A to part 1404 and does not impose new recurring reporting, recordkeeping, or substantive compliance obligations. FMCS certified the rule "will not have a significant economic impact on a substantial number of small entities."
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Key Dates
Department and Agencies
Related Federal Register Documents
2026-15798, Requests for Arbitration Panels
The Federal Mediation and Conciliation Service (FMCS) is issuing an interim final rule with requests for comments to amend its arbitration services regulations. The interim final rule clarifies the circumstances in which the Office of Arbitration (OA) may decline to issue an arbitration panel, make a direct appointment, or provide related arbitration services. The rule would remove language that could be read to require FMCS to honor every unilateral request for an arbitration panel, regardless of legal constraints or FMCS's authority. FMCS seeks public comment on this interim final rule.
2025-03699, Arbitrator's Personal Data Questionnaire
The Federal Mediation and Conciliation Service (FMCS) is updating its Arbitrator's Personal Data Questionnaire, which helps keep a list of qualified arbitrators who are private citizens, not government employees. This update asks for public feedback by May 6, 2025, to make sure the form is clear, useful, and not a hassle to fill out. No new costs are mentioned, but the changes help FMCS keep only the best arbitrators on their roster.
2025-03701, Arbitrator's Report and Fee Statement
The Federal Mediation and Conciliation Service (FMCS) is asking for public feedback on a form called the Arbitrator's Report and Fee Statement (FMCS Form R-19). This form helps FMCS track arbitration work and fees, making sure everything runs smoothly and fairly. Comments on this info collection are due by May 6, 2025, and could impact how arbitrators report their work and fees.
2026-20560, Statement of Organization and Functions
The Federal Mediation and Conciliation Service (FMCS) updated its organization and how it works, effective October 1, 2026. This change affects all FMCS staff and partners by clarifying roles and improving how the agency supports labor dispute mediation. No new costs or delays are expected, just a fresh, clear way to keep commerce flowing smoothly.
2026-18129, Senior Executive Service Performance Review Board
The Federal Mediation and Conciliation Service (FMCS) is issuing this notice to inform the public of the names of the members of the Agency's Senior Executive Service (SES) Performance Review Board.
2026-14797, Service Request Form
The Federal Mediation and Conciliation Service (FMCS) is asking for your thoughts on a new Service Request Form that helps businesses, nonprofits, and local governments ask for their services more easily. They want to make sure the form is clear, useful, and not a hassle to fill out. You’ve got until August 21, 2026, to share your feedback—no cost involved, just your voice!
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