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Employee Alternative Dispute Resolution Agreement

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Employee Alternative Dispute Resolution Agreement Powered By Docstoc
					This Employee Alternative Dispute Resolution (ADR) Agreement is an agreement
between an employee and employer whereby the parties agree to submit to alternative
dispute resolution procedures to resolve employment related disputes that occur
between the parties. This agreement lists mediation and arbitration as the methods of
resolving disputes and explains how to initiate the process. It is essential that the
parties agree without any duress or undue influence to arbitration procedures. ADR
agreements with employees are used to avoid the time and expense of protracted
litigation involving employment-related claims.
           EMPLOYEE ALTERNATE DISPUTE RESOLUTION
                        AGREEMENT
This Employee Alternative Dispute Resolution Agreement (“Agreement”) is entered into on this
______ day of ______, 20___ by the undersigned Employee (“Employee”) and
_________________________________ (“Employer”).

                                                     RECITALS

WHEREAS, in consideration of continuation of the employment relationship, and other
agreements, the parties hereto mutually agree that this Agreement shall govern the resolution of
all claims and disputes between them; and

WHEREAS, the parties further agree that this Agreement shall include all such claims and
disputes involving Employer’s customers and clients, administrative employers, agents and other
employees, subsidiaries, affiliates, parent companies, and any other person or entity that has
agreed to the dispute resolution process set forth herein.

THEREFORE, to provide an equitable and expedient procedure for resolving certain types of
employment-related disputes that may arise, Employee and Employer hereby agree to the
following terms and conditions.

                                                       TERMS

1.       General

In the event that employment disputes arise between Employer and Employee, Employer and
Employee will make all efforts to resolve these disputes via the procedures set forth in this
Agreement. This Agreement provides for final and binding arbitration. Claims covered by this
Agreement include, but are not limited to, claims for wages or other compensation due; claims
for breach of any contract or covenant, express or implied; tort claims; claims for discrimination
or harassment on bases including but not limited to race, sex, sexual orientation, religion,
national origin, age, marital status, disability or medical condition; claims for benefits (except as
excluded in Paragraph 7), and claims for violation of any federal, state, or other governmental
constitution, statute, ordinance, regulation, or public policy including but not limited to Title VII
of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age
Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the State
Fair Employment and Housing Act, and the state law equivalents of same.

2.       Mediation (Optional)

Parties hereby agree that they shall attempt to resolve any dispute covered by this Agreement by
a mediation conducted in accordance with the Rules and Procedures of the American Arbitration
Association (“AAA”) regarding the resolution of employment disputes, or as otherwise
stipulated by the parties. The parties agree to make a good faith effort at mediating any dispute
prior to filing a claim for arbitration.


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3.       Arbitration

Employee agrees that any and all controversies, claims, or disputes with anyone mentioned
above in Paragraph 1 arising out of, relating to, or resulting from his or her employment with
Employer or the termination of his or her employment with same shall be subject to binding
arbitration under the arbitration rules set forth in _______________________ [INSERT NAME
OF STATE ACT RELEVANT AND APPLICABLE TO ARBITRATION] ______________
[STATE] Code of Civil Procedure _________________________ [RULE SECTION
NUMBER] (the “Rules”) and pursuant to law of the State ______. Disputes that Employee
agrees to arbitrate, and thereby agrees to waive any right to a trial by jury, include any statutory
claims under state or federal law, including, but not limited to, claims under Title VII of the Civil
Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in
Employment Act of 1967, the Older Workers Benefit Protection Act, the State Fair Employment
and Housing Act, the State Labor Code, claims of harassment, discrimination or wrongful
termination, and any statutory claims. Employee acknowledges further that this Agreement to
arbitrate also applies to any disputes that Employer may have with Employee.

4.       Initiation of Mediation Process

Either Employee or Employer may initiate the mediation process by filing a Request for
Mediation with ____________________ [HUMAN RESOURCES, CORPORATE COUNSEL,
ETC.]

5.       Initiation of Arbitration Process

To initiate the arbitration process, the aggrieved party must file a written claim with the office of
____________________ [HUMAN RESOURCES, CORPORATE COUNSEL, ETC.] Service
of the claim upon the responding party shall be made in accordance with the Rules.

6.       Arbitration Procedures

Employee agrees that any arbitration will be administered by the American Arbitration
Association (“AAA”) and that the arbitrator will be sel
				
DOCUMENT INFO
Description: This Employee Alternative Dispute Resolution (ADR) Agreement is an agreement between an employee and employer whereby the parties agree to submit to alternative dispute resolution procedures to resolve employment related disputes that occur between the parties. This agreement lists mediation and arbitration as the methods of resolving disputes and explains how to initiate the process. It is essential that the parties agree without any duress or undue influence to arbitration procedures. ADR agreements with employees are used to avoid the time and expense of protracted litigation involving employment-related claims.
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