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Mutual Arbitration Agreement Employment
"I need a Mutual Arbitration Agreement Employment for our Canadian technology company that will be implementing a new dispute resolution program starting January 2025, with specific provisions for remote arbitration proceedings and a mandatory mediation step before arbitration."
1. Parties: Identification of the employer and employee entering into the arbitration agreement
2. Background: Context of the agreement, including the employment relationship and purpose of the arbitration agreement
3. Definitions: Key terms used throughout the agreement including 'Dispute', 'Arbitration', 'Award', etc.
4. Mutual Agreement to Arbitrate: Core provision establishing mutual commitment to resolve disputes through arbitration
5. Scope of Agreement: Clear delineation of which disputes are covered and which are excluded from arbitration
6. Preservation of Statutory Rights: Confirmation that the agreement does not waive or limit statutory employment rights
7. Arbitration Procedures: Detailed process for initiating and conducting arbitration, including selection of arbitrator
8. Costs and Fees: Allocation of arbitration costs and fees between parties
9. Notice Requirements: Procedures for serving notices related to arbitration proceedings
10. Confidentiality: Provisions regarding confidentiality of arbitration proceedings and outcomes
11. Enforcement and Awards: Process for enforcing arbitration awards and available remedies
12. Severability: Provision ensuring survival of agreement if any portion is found invalid
13. Governing Law: Specification of applicable Canadian law and jurisdiction
1. Class Action Waiver: Optional waiver of right to participate in class actions, if permitted by applicable law
2. Mediation Requirement: Optional prerequisite to attempt mediation before proceeding to arbitration
3. Remote Proceedings: Optional provisions for conducting arbitration remotely via video conference
4. International Disputes: Optional provisions for handling disputes involving international elements
5. Appeals Process: Optional procedures for appealing arbitration decisions
6. Language of Arbitration: Optional specification of language requirements, particularly relevant in Quebec
1. Schedule A - Arbitration Procedures: Detailed procedures and rules governing the arbitration process
2. Schedule B - Arbitrator Qualifications: Required qualifications and selection criteria for arbitrators
3. Schedule C - Fee Schedule: Detailed breakdown of arbitration costs and fee structure
4. Schedule D - Excluded Claims: Comprehensive list of disputes excluded from arbitration requirement
5. Appendix 1 - Notice Forms: Standard forms for initiating arbitration and serving notices
6. Appendix 2 - Acknowledgment Form: Employee acknowledgment of receiving and understanding the agreement
Authors
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Construction
Energy
Transportation
Telecommunications
Education
Hospitality
Mining
Agriculture
Entertainment
Human Resources
Legal
Compliance
Risk Management
Employee Relations
Executive Leadership
People Operations
Talent Management
Corporate Governance
Human Resources Director
HR Manager
Talent Acquisition Manager
Legal Counsel
Employment Lawyer
HR Business Partner
Chief Human Resources Officer
HR Coordinator
Compliance Officer
Risk Manager
Chief Legal Officer
Employee Relations Manager
HR Operations Manager
Recruitment Specialist
Chief Executive Officer
Chief Operating Officer
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