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.
Meet some of our Mutual Agreement To Arbitrate Claims Lawyers
Angela H.
Angela Hayden is an accomplished and driven attorney with a diverse professional background that sets her apart. Having served as a former Assistant Public Defender in Allegheny County, Angela acquired invaluable expertise in navigating the complexities of the criminal justice system. Her trial experience spans a wide range of cases, from minor retail theft to complex criminal homicide, demonstrating her ability to deliver successful outcomes for her clients. Prior to her focus on criminal defense, Angela honed her skills in public policy and political consulting through her work with both the Pennsylvania and United States House of Representatives. This experience provided her with a deep understanding of the intricacies of public policy and the ability to offer strategic guidance to clients. Angela's career also took her to a civil defense firm, where she traveled across the country, defending clients in litigation. This experience enhanced her ability to handle complex civil matters and strengthened her litigation skills. In addition to her expertise in criminal defense and civil litigation, Angela has demonstrated her proficiency in employment law, providing guidance and consultation to small businesses and non-profit organizations. Her keen insight into employment law matters ensures that businesses operate within legal boundaries while fostering a positive work environment. Furthermore, Angela is a licensed realtor, well-versed in residential real estate transactions. This additional knowledge allows her to offer comprehensive legal support to clients involved in real estate matters, ensuring their interests are protected throughout the process. Angela holds a degree from Hampton University and obtained her Juris Doctor from the University of Dayton School of Law. She is pursuing a Master of Business Administration. She is licensed to practice law in Pennsylvania and the District of Columbia, demonstrating her commitment to providing exceptional legal services in multiple jurisdictions. With her extensive experience and passion for achieving favorable outcomes for her clients, Angela Hayden is a dedicated advocate ready to guide you through your legal journey.
May 19, 2023
Michael O.
Successful entrepreneur and business attorney with keen insight into the challenges faced by small and medium-sized businesses. In addition to my solo practice, I have extensive experience as general counsel for highly regulated businesses where I have negotiated and drafted a wide array of contracts, conducted internal regulatory compliance, engaged in transactional work and assisted with general commercial litigation.
May 20, 2023
Andy K.
Licensed in MI since 2010. Practiced SSDI appeals and auto negligence for over a decade until 12/2022 when I left largest personal injury firm In MI to open my own estate planning firm. Looking for part-time contract/remote work to supplement income as I build my own practice.
May 21, 2023
Nancy S.
Seasoned corporate, business and real estate attorney with 30 years experience managing private practice groups and in-house legal functions for publicly traded, privately held, and family companies.
May 22, 2023
Bethany T.
I am an experienced family law attorney licensed in California and Florida with over 13 years of experience.
May 21, 2023
Maria M.
I have worked for over 20 years in the areas of family law, business formation, contracts and real estate law. In the area of family law, I represent clients in all areas of family law including child custody, child support, spousal support and marital property division as well as preparing prenuptial and separation agreements. I am experienced in real estate law, including commercial and residential leases, preparing various types of real estate related contracts. I am also experienced in business formation among other business law matters. I currently work in the area of grant management with the Small Business Administration.
May 22, 2023
Don K.
Oliver Keene is not your typical attorney. With a personal touch and a passion for helping others, he goes above and beyond to provide exceptional legal services. Born and raised in the heart of the Appalachian coalfields, Oliver understands the value of hard work and perseverance. His small-town upbringing instilled in him a deep sense of community and a commitment to making a difference in people's lives. Oliver's journey in the legal field began with a Bachelor's degree in Criminal Justice from Bluefield University. He went on to earn his Juris Doctorate from Lincoln Memorial University - Duncan School of Law, where he excelled in his studies and developed a strong foundation in law. Throughout his career, Oliver has gained invaluable experience working as a public defender, an attorney advisor for the Small Business Administration, and in various legal roles. With a focus on estate planning and business law, Oliver is dedicated to helping individuals and families protect their assets, plan for the future, and navigate the complexities of the legal system. His approachable demeanor, attention to detail, and genuine care for his clients set him apart. Oliver's clients can trust that he will go the extra mile to ensure their legal needs are met with the utmost professionalism and personalized service. Outside of his legal practice, Oliver enjoys spending time with his wife and daughter, exploring the great outdoors, and indulging in his passion for hunting and fishing. His commitment to serving military families is evident in his offering of discounted services as a token of gratitude for their sacrifices. When you choose Oliver Keene as your attorney, you're not just hiring a legal professional - you're gaining a trusted advisor and a compassionate advocate. With Oliver by your side, you can have confidence that your legal matters will be handled with the highest level of expertise and care.
Find the best lawyer for your project
Browse Lawyers NowHow 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
related contracts
- 93a Demand Letter
- A1 Visa
- A2 Visa
- Accounting Services Agreement
- Accounts Receivable Purchase Agreement
- Ad Agency Contract
- Adhesion Contract
- Advertising Services Agreement
- Agency Agreement
- Agency Contract
other helpful articles
- How much does it cost to draft a contract?
- Do Contract Lawyers Use Templates?
- How do Contract Lawyers charge?
- Business Contract Lawyers: How Can They Help?
- What to look for when hiring a lawyer
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 ReviewContracts 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 ReviewI 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 ReviewI 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