Sample Arbitration Agreement Form (Page 2 of 3) in pdf

mutually acceptable voluntary dispute resolution method such as mediation, the Claims must be resolved through final

and binding arbitration conducted with the American Arbitration Association (AAA) at an AAA or other facility within a

reasonable distance of the COMPANY office in which I was employed at the time the Claims arose, or where I resided

before the Claims arose, unless the parties agree otherwise. The arbitration shall be administered in conformity with the

then existing Federal Rules of Civil Procedure; provided, however, that where such procedures are inconsistent with the

procedures set forth below, the procedures set forth below shall govern.

Arbitration Procedures Any demand for arbitration by either COMPANY or I shall be served and filed within

the statute of limitations applicable to the claim(s) upon which arbitration is sought or required. Any failure to demand

arbitration within this time frame and according to these rules shall constitute a waiver of all rights to raise any claims in

any forum arising out of any dispute that was subject to arbitration to the same extent such claims would be barred if the

matter proceeded in court (along with the same defenses to such claims). Thereafter, each party is expected to respond

within thirty (30) calendar days to each communication regarding the selection of an arbitrator and the scheduling of a

hearing. Either party may, in conjunction with the initiation of any arbitration proceeding or motion to compel arbitration,

seek provisional relief from any court of competent jurisdiction consistent with applicable federal or state law. Such

provisional relief shall only be available to preserve the status quo and to avoid irreparable injury pending appointment of

the arbitrator. Thereafter, following appointment of the arbitrator, all matters, including the issuance of further provisional

and/or injunctive relief, shall be within the jurisdiction of the mutually-selected neutral arbitrator. The parties shall select a

mutually-agreeable neutral arbitrator (who shall be a retired judge). If the parties are not able to agree on a neutral

arbitrator, COMPANY and I will obtain a list of employment arbitrators (who shall be retired judges) from AAA and the

parties will take turns striking names from the list of arbitrators. I will strike the first name, then COMPANY, until only

one name remains. The last remaining person shall be the arbitrator.

6.1

The parties agree that the arbitrator shall be bound by the law applicable to the Claims asserted by either

party and/or any defenses thereto and shall have jurisdiction to award all relief available in law or equity that is requested

by the parties and supported by credible, relevant and admissible evidence.

6.2

Each party may conduct discovery to the full extent as would be allowed in civil litigation in court in

accordance with the Federal Rules of Civil Procedure, subject only to limitation by the arbitrator upon motion of the other

party on the ground that limitation of such discovery is necessary to protect the party from waiver of privilege,

unwarranted annoyance, embarrassment, oppression, or undue burden and expense.

6.3

The arbitrator may rule on pre-hearing disputes and hold such pre-hearing conferences by telephone or in

person as he or she may determine. Either party may make a motion to dismiss, for summary judgment or for summary

adjudication of issues, and the arbitrator will apply the standards governing such motions under the Federal Rules of Civil

Procedure.

6.4

Either party may submit, or the arbitrator may order either or both parties to submit, a brief prior to the

arbitration hearing. Either party, at its own expense, may arrange for a court reporter to provide a stenographic record of

the proceedings at the hearing.

6.5

Upon request at the close of the arbitration hearing, either party may file a post-hearing brief within the

time set by the arbitrator. The award will be final and binding on the parties to the arbitration.

6.6

The arbitrator shall issue a written decision that will reveal the essential findings and conclusions upon

which the award is based. The decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment

may be entered on the arbitrator’s decision in any court having jurisdiction. The arbitrator’s award shall be subject to

correction, confirmation, or vacation, only as provided by applicable law governing judicial review of arbitration awards

Arbitration Costs COMPANY shall bear those costs of arbitration that are particular to the arbitration (as

opposed to civil litigation in the courts), such as arbitrator fees. Otherwise, the parties each shall bear their own standard

litigation type costs such as deposition fees, transcript fees, and witness fees. However, the arbitrator may award the fees

and costs discussed in the preceding sentence of this Agreement to the prevailing party under any applicable statute or

written agreement to the same extent that such fees and/or costs could be awarded in any civil litigation.

Legal Representation In any arbitration under this Agreement, both COMPANY and I may be represented by

legal counsel of our own choosing. Each of us will be responsible for the fees of our own counsel, provided that an

Page 2 of 3

Sample Arbitration Agreement Form Page 2

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