Employment Mediation and Arbitration Model Clauses

Mediation Submission Agreement

AGREEMENT made ________________________________, 20__ by and between ________________________________________of ___________________________ __________________________________ (“Employee”), represented by_________________________________________________________________; and ______________________________________of _____________________________ ____________________________________________ (“Company”), represented by ______________________________________________________.

In brief, the employee's claim is as follows __________________________________________________________________________________.

The employee seeks _____________________________________________________________.

The Company's response________________________________________________________.

The employee and the Company both wish to dispose expeditiously of their differences. The parties hereby agree to private and confidential mediation of their dispute pursuant to the CPR Employment Dispute Mediation Procedure (the “Procedure”), a copy of which is attached to this Agreement. Both parties and their representatives (if any) have read and understand the Procedure. The parties hereby agree to all provisions of the Procedure, except as expressly modified in an exhibit appended to this Submission Agreement and initialed by the parties.

The procedure shall be conducted before _______________________________, who shall serve as Mediator and who has agreed to so serve. The Mediator shall be compensated at the rate of $ _______ per hour, plus out-of-pocket expenses. The parties have agreed to be responsible for the fees as follows:

_____________________________________________________________. Neither party knows of any circumstances that would cause reasonable doubt regarding the impartiality of the person named as Mediator.

The Employee hereby affirms that he/she is entering into this Submission Agreement voluntarily, knowingly, and after the opportunity for full consultation with a representative or counsel of his/her own choosing.

Signed by: ______________________________________________________
Employee
Date:

Signed by: _______________________________________________________
Representative of or Counsel for Employee
Date:

(if applicable)
Signed by: _______________________________________________________
For Company
Date:

Signed by: _______________________________________________________
Representative of or Counsel for Company
Date:

Employment Arbitration Procedure

A. Pre-Dispute Agreement to Abide by Arbitration Procedure Binding on Both Parties for All Future Disputes
[CPR Note: Consider using this form for a pre-dispute arbitration program that mandates employees to use arbitration when disputes arise in the future, with the outcome binding on both parties.]

• AGREEMENT ON ALTERNATIVE DISPUTE RESOLUTION • THIS IS A VERY SIGNIFICANT DOCUMENT • THIS DOCUMENT MAY AFFECT YOUR LEGAL RIGHTS • READ CAREFULLY BEFORE SIGNING •

I understand that any employment-related dispute that I may have with my Employer, including, but not limited to, any dispute concerning my application for employment and my employment and its termination if I am hired, must be resolved exclusively through the Company's Employment Dispute Arbitration Procedure. I agree to submit for final and binding resolution pursuant to the Company's Employment Dispute Arbitration Procedure any employment-related dispute, including, but not limited to, common law, contract or tort claims and state and federal statutory discrimination and all other statutory and constitutional claims.

I understand that by signing this agreement, I am waiving any right that I may have to a jury trial or a court trial of any employment-related dispute and any right that I may have to become or participate as a class member in a class or collective action that would encompass my dispute.

I further understand that I am responsible for becoming familiar with the Employment Dispute Arbitration Procedure which more fully defines the employment-related disputes covered by this Agreement, describes the procedures governing the dispute resolution process, and sets forth the remedies that I may obtain.

I acknowledge that I have received the Employment Dispute Arbitration Procedure. If I do not understand or agree with any provisions of the Employment Dispute Arbitration Procedure, I will discuss the provisions with the [Human Resources Department] within the ten (10) business days from the date of my signing of this Agreement. In the absence of notice to the contrary within 10 business days, I agree that I will be deemed to have consented to the terms of the Employment Dispute Arbitration Procedure.

This Agreement is a material term and condition of my employment and is made in exchange for the Company's consideration of my employment application [or, for current employees: in consideration of my continued employment as of this date]. I understand that my application will not be considered [or, for current employees: my employment will not be continued] until I have signed and dated this Agreement. I understand that I may opt out of this Agreement only during a 10-day period following my employment [or, for current employees: my signing and dating this Agreement].

I further understand that, if I am hired by the Company or if my employment is continued by the Company, I will be and remain an employee-at-will and, as such, my employment may be terminated by me or the Company at any time, for any or no reason, with or without notice. Nothing in this Agreement or in the Alternative Dispute Resolution Procedure alters my at-will employment status.

The right to trial and to a trial by jury in court is of value. I understand that I may want to consult an attorney prior to signing this Agreement. However, I understand that I will not be offered employment [or, for current employees: my employment will not be continued] if this Agreement is not signed and returned by me within ten (10) business days of its receipt.

Agreed: _______________________________________________
Date: _______________________________________________
Signature: __________________________________________
Employee's or Applicant's Typed or Printed Name: ___________________________________


Agreed: _______________________________________________
[Company Name] _______________________________________________
Date: _______________________________________________
Title: _______________________________________________

B. Pre-Dispute Agreement to Abide by Arbitration Procedure not Binding on the Employee for All Future Disputes

[CPR Note: Consider using this form if the Company decides to implement a pre-dispute arbitration program that mandates employees to use arbitration when disputes arise, with the outcome binding on the employer only.]

I have received and read carefully the Employment Dispute Arbitration Procedure ("the Arbitration Procedure"). In consideration for and as a material condition of my employment and the continuation of my employment with the Company, I agree as follows:

(a) I will abide by the terms of the Arbitration Procedure.

(b) If I have questions about the Arbitration Procedure, I will discuss the Arbitration Procedure with the [Human Resources Department] within ten business days of today.

(c) Arbitration pursuant to the Arbitration Procedure is the exclusive procedure for the resolution of claims by me against the Company; provided, however, that I may elect not to be bound by the arbitrator's award, by written notice to the Company given not more than 30 days from my receipt of the award. If I timely make such an election, I may assert the same claims as asserted in the arbitration in a court of law having jurisdiction in an action commenced not more than 60 days from the date of the written notice to the Company by which I elect not to be bound. In any such action the award may be introduced in evidence.

(d) THIS AGREEMENT DOES NOT CREATE A CONTRACT OF EMPLOYMENT FOR ANY PERIOD OF TIME, AND MY EMPLOYMENT STATUS IS NOT AFFECTED THEREBY.

(e) This Agreement and the Arbitration Procedure constitute the entire agreement between me and the Company regarding the resolution of Disputes by arbitration.

I UNDERSTAND THAT I MAY CONSULT AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT.

Date:_____________________________ Employee's Signature:_____________________________

[Employee's typed or printed name]
[Company Name]
By: _____________________________ Date:___________________________
[Title]

C. ARBITRATION SUBMISSION AGREEMENT FOR EXISTING DISPUTE

[CPR Note: Consider using this form if the Company decides to implement an arbitration program that offers employees the opportunity to use arbitration when disputes arise, but does not require them to do so.]

AGREEMENT made ______________________________, 20__ by and between ________________________________________of _____________________________________________________________________ ("Employee"), represented by ________________________________________________________________; and _____________________________________of _________________________________________________ ("Company"), represented by __________________________________.

In brief, the employee's claim is as follows __________________________________________________________________________________.

The employee seeks _____________________________________________________________.

The Company’s response________________________________________________________.

The employee and the Company both wish to have the differences described above finally adjudicated. The parties hereby agree to private and confidential arbitration of their dispute pursuant to the CPR Employment Dispute Arbitration Procedure (the "Procedure"), a copy of which is attached to this Agreement. Both parties and their representatives have read the Procedure. The parties hereby agree to all provisions of the Procedure, except as expressly modified in an exhibit appended to this Submission Agreement and initialed by the parties. We further agree that we will abide by and perform any award rendered by the Arbitrator and that a judgment of a court having jurisdiction may be entered upon the award.

[If the parties have agreed on an arbitrator add:]

The procedure shall be conducted before ____________________________, who shall serve as Arbitrator, who has agreed to serve, and whose compensation has been agreed to between the parties and the Arbitrator. Neither party knows of any circumstances which would cause reasonable doubt regarding the impartiality of the person named as Arbitrator.) The Employee hereby affirms that he/she is entering into this Submission Agreement voluntarily, knowingly, and after full consultation with a representative or counsel of his/her own choosing.

Signed by: __________________________ Date; _____________________________
Employee
Signed by: ___________________________ Date: _____________________________
Representative of our Counsel for Employee

Signed by: ___________________________ Date: _____________________________
For Company
Signed by: ___________________________ Date: _____________________________
Representative of or Counsel for Company

National Franchise Mediation Program

Pre-Dispute Clause

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by confidential mediation under the CPR Franchise Mediation Program, before resorting to arbitration or litigation.

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