Arbitration or Mediation Agreement

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  • Agreement to Arbitrate all Differences Arising out of Contract
    Agreement to Arbitrate all Differences Arising out of Contract

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts.
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  • Agreement to Arbitrate Employment Claims between Corporate Employer and Executive Employee
    Agreement to Arbitrate Employment Claims between Corporate Employer and Executive Employee

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts.
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  • Agreement to Arbitrate Employment Claims Between Corporate Employer and Executive Employee
    Agreement to Arbitrate Employment Claims Between Corporate Employer and Executive Employee

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts. Most arbitration is binding. However, it can be non-binding if that is what the parties desire. That kind of defeats the purpose of arbitration though. In any event, in both binding and non-binding arbitration, the arbitrator renders a decision much like a judge. You can agree to a combination of mediation and arbitration where the parties agree in advance to try to resolve their differences through mediation if possible, but if no agreement is reached, they automatically go to arbitration. The mediator then becomes the arbitrator and renders a binding decision.
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  • Agreement to Submit Present Disputes to Arbitration
    Agreement to Submit Present Disputes to Arbitration

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    A submission agreement should define clearly the matters to be arbitrated and specifically list those that are to be either included or excluded, if necessary or appropriate. It should also contain everything necessary to give the arbitrators jurisdiction over the parties and the subject matter to enable them to render a final award. Submission agreements may be as specific regarding the powers of the arbitrators or the procedure to be followed as the parties desire.
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  • Company Lease Deed
    Company Lease Deed

    $2.00

    $2.00

    From:Salam Kudhus

    Document Overview:
    Company lease agreement, deed
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  • Employee Arbitration Agreement (can be used as a digital document or as a paper form)
    Employee Arbitration Agreement (can be used as a digital document or as a paper form)

    $4.99

    Document Overview:
    This document can be printed and used as a standard paper form, or for a paperless office, it can be emailed and digitally signed using an Adobe digital signature. The agreement requires the employer to keep a copy on file once it's signed by the employee. It fully complies with 2010 California labor law. The California labor code restricts use of arbitration agreements on current employees unless the employee receives something "in consideration" for signing the document. This usually takes the form of a cash payout or paid time off (the law doesn't specify how much the payout needs to be). So unless you're going to pay off current employees to have them sign the document, it should only be given to new employees. Even though this only applies to California businesses at the present time, any attorney would advise you to use the California-standard when implementing policies affecting employees.
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  • Mediation Agreement of a Personal Dispute
    Mediation Agreement of a Personal Dispute

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening. To get the mediation started, you first have to choose a mediator. There are several sources you can contact to get a mediator. The American Arbitration Association maintains a list of qualified arbitrators and mediators all over the United States. Many state bar associations have a referral service for arbitrators and mediators. Many attorneys do mediation and arbitration as part of their law practice. Of course mediators and arbitrators are paid for their services. Once the mediator has been retained, he or she will control the process. Typically, both parties will meet in a joint session with the mediator. If they are represented by attorneys, the attorneys can also come to the meeting, and the attorneys can, if the parties desire, speak for their clients. However, it is essential that the parties themselves get involved in the mediation process. The mediator will begin by introducing himself, and he may ask the parties to introduce themselves. He will then begin the process of mediation. Typically, he will explain that he has no interest in the outcome, that he is neutral, that he is undertaking the mediation based on the understanding that the parties are sincerely interested in trying to resolve their dispute, and that they will deal in good faith with each other. He normally will tell the parties that he is not a judge, that he cannot force a decision. The parties wi
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  • Mediation Agreement Regarding Pending Action
    Mediation Agreement Regarding Pending Action

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit. Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.
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  • Mediation Agreement with Mediator to Receive Hourly Rate Compensation
    Mediation Agreement with Mediator to Receive Hourly Rate Compensation

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. The mediator typically does not even have any knowledge of the case prior to mediation. On first glance, mediation would seem to be a very weak procedure, but its apparent weakness is in realty its strength. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening, and most people take a what have I got to lose attitude with mediation. Also, mediation gives significance to values such as trust, respect, patience and tolerance. A unique attribute of mediation is that it affords each party the opportunity to communicate confidentially to the mediator about what his or her true feelings and expectations are when the parties are unable or unwilling to communicate these things directly to the other party. The mediator acts as a go-between for the two parties. The parties retain full control of the outcome and may drop out of the proceeding at any time. In mediation, the participants attack the problem as joint problem solvers rather than attacking one another. It is adaptable to most any situation. Although the parties who enter mediation do not have to commit to finding a solution, they do have to commit to dealing with each other in good faith in an effort to try to find a solution. Mediation can be very successful, depending a good deal on the ability of the mediator and the desire of the parties to reach an agreement out of court. However, it is not uncommon for parties to enter mediation believing that it will not work, only to emerg
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  • Notice by Party of Intent to Arbitrate - Demand for Arbitration
    Notice by Party of Intent to Arbitrate - Demand for Arbitration

    $14.99

    $14.99

    From:William Glover

    Document Overview:
    Where the parties to an agreement have previously agreed to submit future controversies to arbitration, one of the parties may commence the arbitration proceedings by serving the other party with a demand or request for arbitration in accordance with the terms of their agreement to arbitrate.
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  • Notice of Intention to Arbitrate by Attorney of One of the Parties
    Notice of Intention to Arbitrate by Attorney of One of the Parties

    $14.99

    $14.99

    From:William Glover

    Document Overview:
    Where the parties to an agreement have previously agreed to submit future controversies to arbitration, one of the parties may commence the arbitration proceedings by serving the other party with a demand or request for arbitration in accordance with the terms of their agreement to arbitrate.
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  • Submission of Pending Action to Arbitration and Stay of Action
    Submission of Pending Action to Arbitration and Stay of Action

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. In drafting an agreement to submit the subject matter of pending litigation to arbitration, it is important for counsel to specify whether the agreement contemplates a dismissal of the pending action and cessation of the court's jurisdiction or whether the action is to be stayed pending the outcome of the arbitration.
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  • Submission of Specific Question to Arbitration with Award to be Entered as Court Order
    Submission of Specific Question to Arbitration with Award to be Entered as Court Order

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    An arbitration agreement should define clearly the matters to be arbitrated and specifically list those that are to be either included or excluded, if necessary or appropriate. It should also contain everything necessary to give the arbitrators jurisdiction over the parties and the subject matter to enable them to render a final award. Submission agreements may be as specific regarding the powers of the arbitrators or the procedure to be followed as the parties desire. In many instances, statutes govern the contents of arbitration agreements, but if the arbitration agreement is drawn pursuant to a provision for it in a previous arbitration, the arbitration agreement must conform to the terms of the agreement. Frequently it is desirable to stipulate, in the arbitration agreement, that judgment may be entered in the award made pursuant to the arbitration of the controversy.
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  • Submission to Arbitration of Dispute Arising out of LLC - Alleged Breach of LLC Operating Agreement
    Submission to Arbitration of Dispute Arising out of LLC - Alleged Breach of LLC Operating Agreement

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts. Most arbitration is binding. However, it can be non-binding if that is what the parties desire. That kind of defeats the purpose of arbitration though. In any event, in both binding and non-binding arbitration, the arbitrator renders a decision much like a judge.
    View Document
  • Submission to Arbitration of Dispute between Building Contractor and Owner
    Submission to Arbitration of Dispute between Building Contractor and Owner

    $19.99

    $19.99

    From:William Glover

    Document Overview:
    Arbitration is a process in which the disputing parties choose a neutral third person, or arbitrator, who hears both sides of the dispute and then renders a decision. The big difference between mediation and arbitration is that a mediator helps the parties to fashion their own settlement, while an arbitrator decides the issue. An arbitrator is more like a judge than a mediator. The parties go into arbitration knowing that they will be bound by the decision. The parties go into mediation knowing that nothing will be decided unless and until they agree to it. Arbitration, however, is unlike litigation in that the parties choose the arbitrator, the proceedings are conducted in a private manner, and the rules of evidence and procedure are informal. Also, in arbitration, the arbitrators tend to be experts in the issues they are called on to decide. Arbitration has been the widest used ADR process in the business world, and would be especially desirable where the parties do not want to litigate an issue, but do want a binding decision. They can go into arbitration knowing that they can get a quick, and relatively inexpensive decision, which they agree they will be bound by. Mediation offers no guarantee of a decision. It is not uncommon to find arbitration provisions in business contracts.
    View Document
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