Mutual Agreement to Arbitrate Claims: Definition, Example
Jump to Section
What is a Mutual Agreement To Arbitrate Claims?
Individuals and companies enter into a mutual agreement to arbitrate claims as a means for keeping their disputes and resolutions out of the courts where they become part of the public record.
These agreements are common in employment settings where claims of discrimination or sexual harassment can prove detrimental to an organization’s image. A mutual agreement to arbitrate claims likely will specify what types of issues or disagreements are subject to private arbitration, how the arbiter will be selected, and whether the arbiter’s decision is binding (this is almost always the case).
Mutual Agreement To Arbitrate Claims Sample
1. | This Arbitration Agreement is not a “contract of employment” for purposes of Section 1 of the Federal Arbitration Act (“FAA”). Instead, it is a stand-alone Arbitration Agreement. |
2. | Any and all covered legal claims either party has against the other will be resolved through final, binding arbitration, except as prohibited by law. In the event either party initiates litigation against the other party after entering into this Arbitration Agreement, then the court in which such litigation is pending shall dismiss or stay the litigation and compel the parties to arbitrate the claim as agreed in this Arbitration Agreement. |
3. | For purposes of this Agreement, covered legal claims include all claims that accrue between Employee and the Company (including its subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns) on or after the last date of signature on this Agreement. However, covered claims do not include claims that are exempt from arbitration by law, claims for unemployment benefits, or claims for benefits under any employee benefit plan. |
4. | For purposes of this Agreement, the Company’s subsidiaries and affiliates are deemed to be intended third-party beneficiaries and they may fully enforce the terms of this Agreement. |
5. | If a covered claim arises under a statute that requires the filing of a charge or complaint with an administrative agency before commencing a lawsuit, then the charge or complaint procedure must be exhausted before any demand for arbitration is filed. |
6. | As consideration for agreeing to arbitrate covered claims against the Company, Employee is receiving (a) the Company’s agreement to arbitrate legal claims it has against Employee and (b) ____________________________. |
7. | Any arbitration under this Agreement shall be administered by the American Arbitration Association (“AAA”) in accordance with the Employment Arbitration Rules and Mediation Procedures then in effect (“the Rules”), except as modified herein. The Rules currently in effect are available online at www.adr.org. |
8. | Regardless of the Rules, the parties shall attempt mutually to agree to the arbitrator to hear the claim(s). If no such mutual agreement occurs, then the parties shall follow the AAA selection procedure. Either party may elect to have a panel of three arbitrators hear any dispute under this Agreement, in the event of which (a) the party making such election shall be responsible for the additional compensation/costs related to such election and (b) the parties shall attempt mutually to agree to the additional arbitrators to hear the claim(s), the failure of which agreement will result in the AAA's selection procedure being used to determine the additional arbitrators. If the primary legal claim asserted in arbitration is not an employment claim, then the arbitrator’s relevant experience shall be in the area of law of the primary legal claim. |
9. | Any arbitration under this Agreement shall occur within 50 miles of Employee’s principal place of employment at the time the legal claim accrued. |
10. | Regardless of any conflict of law analysis: (a) Where the parties have agreed to a choice of law, the arbitrator(s) shall honor that choice; and (b) Where the parties have not agreed to a choice of law, the arbitrator(s) shall apply and follow the applicable federal, state, or local substantive law under which the claim arose. |
11. | In any arbitration brought under this Agreement, (a) the applicable statute(s) of limitation shall apply and be applied; (b) the parties shall be entitled to discovery according to AAA’s Rules then in effect; and (c) the prevailing party shall be entitled to any relief available under applicable law. |
12. | The party initiating the arbitration shall serve the Demand for Arbitration via certified mail on the other party within the applicable statute of limitations. If Employee initiates the arbitration or a counter-claim, then Employee shall pay only that portion of the applicable filing fee as Employee would have had to pay to initiate litigation in state court where Employee resides; the Company shall pay the remainder of the filing fee. If the Company initiates the arbitration, then it shall pay the applicable filing fee in full. Other than Employee’s portion of the filing fee (if any), the Company shall bear the remaining costs of administering the arbitration, and each party will be responsible for its attorney’s fees, expert witness fees, and other fees and costs, except as otherwise ordered by the arbitrator(s) under applicable law. |
13. | Any arbitration under this Agreement must be on an individual basis. No party may aggregate claims with others and/or bring or participate in a collective, class, or other representative action. |
14. | The validity of this Arbitration Agreement and the arbitrability of any claim under this Agreement shall be determined solely and exclusively by the arbitrator(s). No court shall have the authority to modify or to invalidate this Agreement or any other Agreement. |
15. | The provisions of this Agreement are severable. If the arbitrator(s) decides that any provision of this Agreement is invalid, then the remainder shall remain valid, to the maximum extent permitted by law. |
16. | This Agreement shall be interpreted in favor of arbitration. No rule of construction shall be applied to undermine any presumption in favor of enforcement of this Agreement or in favor of arbitrability. |
17. | The parties to any arbitration under this Agreement shall attempt mutually to agree on the type of award the arbitrator(s) shall issue. If no such mutual agreement occurs, then the arbitrator(s) shall issue a reasoned award. |
18. | There parties hereby knowingly and voluntarily waive the right to trial by jury on any claim to which this Arbitration Agreement does not apply or is held inapplicable. |
Reference:
Security Exchange Commission - Edgar Database, EX-10.1 2 kcsex10106302017.htm ARBITRATION AGREEMENT, Viewed October 4, 2021, View Source on SEC.
Who Helps With Mutual Agreements To Arbitrate Claims?
Lawyers with backgrounds working on mutual agreements to arbitrate claims work with clients to help. Do you need help with a mutual agreement to arbitrate claims?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate mutual agreements to arbitrate claims. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Mutual Agreement To Arbitrate Claims Lawyers
Alan B.
At Barker Law, we provide clients with superior service in trust, probate, and estate matters and litigation, contract drafting and review, outside general counsel services, negotiation, commercial litigation, and regulatory navigation. We confidently handle transactional and regulatory matters for businesses and individuals. As our feedback shows, we excel at meeting and exceeding our clients needs.
Michelle T.
I am an experienced, well-rounded attorney with a background specializing in trusts and estates, contracts and business law. I have extensive experience working with simple contracts all the way up to multi-million dollar deals.
"Michelle drafted an excellent and unique Post Nuptial agreement which outlines a very specific "process" that will be used to divide assets in the event of divorce. Since assets can change value daily, traditional "splitting an asset list" methods are often outdated within a week of signing. Michelle rose to the challenge at a very reasonable price. Other, "meter man" attorneys would have charged at least 5x more. I highly recommend Michelle!"
Daniel K.
I graduated from Yale University magna cum laude, served as a Fulbright Scholar in Italy and attended UC Berkeley School of Law. In 2023, I was named a "Legal Visionary" by the Los Angeles Times. I have broad experience in corporate transactions and in serving as outside general counsel to clients. I started my legal career in Silicon Valley and Hong Kong working on large equity and debt financings and matters for private wealth clients. After returning home to Los Angeles, I advised startup companies with formations, acquisitions and day-to-day matters such as sales contracts and licensing. More recently, I have focused on data, IT and SaaS contracts for both providers and customers. My clients include NASDAQ-listed companies, a top ranked children’s hospital and local startups.
"Daniel assisted me with a project that had a relatively quick turnaround and provided thoughtful and thorough feedback. Highly recommend!"
Casey B.
I have a Juris Doctorate degree from Mercer Law School, and I am an active member of the Georgia State Bar Association. I have spent the last eight years reviewing, drafting, editing, and negotiating hundreds of contracts on a monthly basis, working in-house for a Fortune 500 company. I am a results-driven, self-motivated, experienced contracts attorney with exceptional drafting, research and communication abilities.
"Working with Casey was a breeze. He was very responsive, professional, and thorough, and made the process easy for me. Super helpful, and would work with him again."
October 10, 2023
Jessica G.
Nevada Attorney with experiences in outside general counsel representation, contract drafting, and civil litigation.
October 12, 2023
James D. F.
Unique Hybrid Background ➲ Deep Legal, Tech & Commercial Experience More by pure chance than design, I arrived late in life to pursue a career in law. My background spans more than 3 decades across Information Technology, entrepreneurship & the legal profession supporting my claim to being a 'Deep Generalist'. What is a 'Deep Generalist'? 'The professionals who develop into really great client advisors are deep generalists.' Quote from Warren Bennis. From 2013 I worked for established boutique property, finance & commercial law firms + an award-winning #newlaw firm of senior lawyers (formerly Nexus Law Group, now merged with Arch.law) before founding my digital law firm Blue Ocean Law Group in 2017. I also worked part-time for 2 years as a freelance online expert across all aspects of Australian Law with JustAnswer (H.Q. in San Francisco) and volunteered at the Caxton Legal Centre to give back to the community. Now I offer pro bono (free) legal assistance at my discretion. My achievements in the law are best reflected in the high number of settlements where civil litigation has been avoided, court judgements (incl. successful appeals) in my clients' favour & [90+] testimonials which can be seen on the blueocean.law [700+] page website which offers tons [585+] of both free & paid innovative legal products & resources. My personal experience as a client on the other side of legal matters affords me a unique perspective and goes some way to explaining my passion for the reinvention of the delivery of legal services. I am an early adopter of technology + gadgets, an avid reader and an animal lover. In January 2023, I joined the IAPP – International Association of Privacy Professionals and became a Certified Information Privacy Professional – United States by gaining the highly valued gold-standard ANSI-Accredited CIPP/US credential. I followed this up in August 2023, by obtaining the Certified in CyberSecurity qualification form ISC(2). Pre-Law Background From 1992 to 2002, I worked for Accenture as an IT Project Manager across APAC (including long-term project assignments in New Zealand & Singapore). I started a small business side hustle in 1997 and in 2003 I left Accenture to become a full-time entrepreneur in the transport industry. I later expanded into the mezzanine property development finance market as well as venturing into small-scale property development.Unique Hybrid Background
October 15, 2023
Kchris G.
My name is Kchris Griffin. I am an licensed attorney practicing Family and Civil Law in Oklahoma. My goal is to help those in need with receiving efficient and effective legal services.
Find the best lawyer for your project
Browse Lawyers Now
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewHow It Works
Business lawyers by top cities
- Austin Business Lawyers
- Boston Business Lawyers
- Chicago Business Lawyers
- Dallas Business Lawyers
- Denver Business Lawyers
- Houston Business Lawyers
- Los Angeles Business Lawyers
- New York Business Lawyers
- Phoenix Business Lawyers
- San Diego Business Lawyers
- Tampa Business Lawyers
Mutual Agreement To Arbitrate Claims lawyers by city
- Austin Mutual Agreement To Arbitrate Claims Lawyers
- Boston Mutual Agreement To Arbitrate Claims Lawyers
- Chicago Mutual Agreement To Arbitrate Claims Lawyers
- Dallas Mutual Agreement To Arbitrate Claims Lawyers
- Denver Mutual Agreement To Arbitrate Claims Lawyers
- Houston Mutual Agreement To Arbitrate Claims Lawyers
- Los Angeles Mutual Agreement To Arbitrate Claims Lawyers
- New York Mutual Agreement To Arbitrate Claims Lawyers
- Phoenix Mutual Agreement To Arbitrate Claims Lawyers
- San Diego Mutual Agreement To Arbitrate Claims Lawyers
- Tampa Mutual Agreement To Arbitrate Claims Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot Review
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot Review
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review