SAMPLE DISPUTE RESOLUTION CONTRACT PROVISION (EMPLOYMENT)
Employment Arbitration Clause
Should any dispute between Employee and Employer arise at any time out of any aspect of the
employment relationship, including, but not limited to, the hiring, performance or
termination of employment and/or cessation of employment with the Employer and/or against
any employee, officer, alleged agent, director, affiliate, subsidiary or sister company
relationship, or relating to an application or candidacy for employment, Employee and
Employer will confer in good faith to resolve promptly such dispute. In the event that
Employer and Employee are unable to resolve their dispute, and should either desire to
pursue a claim against the other party, both Employer and Employee agree to have the dispute
resolved by final and binding arbitration. The Employee and Employer agree that the
arbitration shall be held in the county and state where Employee currently works for
Employer or most recently worked for Employer.
The arbitration shall be conducted by an Arbitrator(s) provided by an impartial third-party
arbitration provider, National Arbitration and Mediation ("NAM"), and be subject to NAM's
Employment Rules and Procedures and the Fee Schedule in effect at the time the claim is
filed with NAM. To obtain a copy of NAM's Employment Rules and Procedures and the Fee
Schedule in effect, or for general inquiries regarding the dispute resolution process,
NAM can be contacted at 1-800-358-2550, Att: Employment Division.
All previously unasserted claims arising under federal, state or local statutory or common
law and all disputes relating to the validity of this contract, as well this arbitration
provision, shall be decided by final and binding arbitration. Any award of the Arbitrator(s),
is final and binding, and may be entered as a judgment in any court of competent jurisdiction.
In the event a court having jurisdiction finds any portion of this agreement unenforceable,
that portion shall not be effective and the remainder of the agreement shall remain in effect.
This clause is provided merely as a reference point. NAM recommends that independent legal
advice be sought for the purposes of preparing an arbitration or mediation pre-dispute
provision.
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