2026-17652RuleWallet

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

Published Date
Rule Effective
Comments Due
8/28/2026
8/28/2026
9/28/2026

Department and Agencies

Department
Independent Agency
Agency
Federal Mediation and Conciliation Service
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