Employment Mediation and Arbitration Model Clauses

1.      Pre-Dispute Clause (Administered Arbitration)

Any dispute arising out of or relating to this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Administered Employment Arbitration Rules by [a sole arbitrator] [three arbitrators, of whom each party shall designate one, with the third arbitrator to be appointed by CPR] [three arbitrators, of whom each party shall designate one in accordance with the screened appointment procedure provided in Rule 5.3]. [The parties further agree that the arbitral tribunal, and not the court, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitral tribunal. OR The parties further agree that the court, and not the arbitral tribunal, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitral tribunal.*] [The parties further agree that, if applicable, the procedures of the CPR Employment-Related Mass Claims Protocol shall also govern the arbitration.  The Protocol may be found here. {Contract must provide access to the Protocol via a link or otherwise.}]  The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of the arbitration shall be (city, state) (no more than 50 miles from employee’s hometown).

 

2.      Existing Dispute Submission Agreement (Administered Arbitration)

We, the undersigned parties, hereby agree to submit to arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Administered Employment Arbitration Rules (the “Rules”) the following dispute: [Describe briefly]. We further agree that the above dispute shall be submitted to [a sole arbitrator] [three arbitrators, of whom each party shall designate one, with the third arbitrator to be appointed by CPR] [three arbitrators, of whom each party shall designate one in accordance with the screened appointment procedure provided in Rule 5.3].  [We further agree that the arbitral tribunal, and not the court, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitral tribunal. OR The parties further agree that the court, and not the arbitral tribunal, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitral tribunal.*] We further agree that we shall faithfully observe this agreement and the Rules and that we shall abide by and perform any award rendered by the arbitrator(s). The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of arbitration shall be (city, state) (no more than 50 miles from employee’s hometown).

 

3.      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”) [as modified by the CPR Streamlined Mediator Selection 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: ______________________________________________________  Date: _______________
Employee

Signed by: ______________________________________________________  Date: _______________
Representative of or Counsel for Employee

(if applicable)
Signed by: ______________________________________________________  Date: _______________
For Company

Signed by: ______________________________________________________  Date: _______________
Representative of or Counsel for Company