Fill and Sign the Mediation Arbitration Form

Mediation and Arbitration Agreement Arbitration and Mediation Employment Agreement made on the ___________________ (date) , between _______________________ (Name of Party Alpha) a corporation organized and existing under the laws of the state of ______________, with its principal office located at ____________________________________________________________________________ (street address, city, state, zip code) , referred to herein as Alpha , and __________________ (Name of Party Beta) , a corporation organized and existing under the laws of the state of __________________, with its principal office located at _______________________________ _______________________________________________________________ (street address, city, state, zip code) , referred to herein as Beta . 1. Matters to be Submitted to Arbitration Any claim or controversy of whatever nature, including but not limited to the issue of arbitrability, arising out of or relating to (briefly describe general Agreement or relationship to which Arbitration Agreement relates) __________________________________________ ____________________________________________________________________________ or the breach of it, shall be resolved by the dispute resolution procedures set forth below in this Arbitration Agreement, including final and binding Arbitration, if necessary. 2. Negotiation It is the intent of the parties that any dispute be resolved informally and promptly through good faith negotiation between management employees of Alpha and Beta. The parties therefore agree that should any dispute or controversy arise, the following steps toward resolution will immediately be taken: A. Correspondence 1. Either party may initiate negotiation proceedings by sending a certified or registered letter to the other party setting forth the particulars of the dispute, the terms of the contract that are involved, and a suggested resolution of the problem. 2. The recipient of the letter must respond within _______ (number) days with an explanation and response to the proposed solution. B. Meeting 1. If correspondence does not resolve the dispute, then the authors of the letters or their representatives shall meet on at least one occasion and attempt to resolve the matter. The meeting should be at a place selected by the parties, and should they not agree, then at the nearest office of (e.g., Chamber of Commerce or Better Business Bureau) ______________________________ _________________________________ . 2. If such meetings do not produce a resolution, then __________________ (name of executive) of Alpha and ___________________ (name of executive) of Beta , or their successors in the position of which they now hold, are authorized to and will meet and personally confer in a bona fide attempt to resolve the matter. Should this step not produce resolution, then the parties agree to Mediation as provided in Section 3 below. 3. Mediation A. If the controversy is not resolved by informal negotiation within ______ (number) days or any mutually agreed extension of time from the first meeting between the executives, then the case shall be referred to the nearest office of __________________ (name) for Mediation. Mediation shall consist of an informal, nonbinding conference or conferences between the parties and the mediator jointly, then in separate caucuses in which the mediator will seek to guide the parties to a resolution of the case. B. The parties may select any mutually acceptable member from the panel of ( e.g., American Arbitration Association) _____________________________. If the parties cannot agree or have no particular choice of mediator and simply request that (e.g., American Arbitration Association) _____________________________ assign a mediator to the case, then a list and resumes of available mediators numbering one more than there are parties will be sent to the parties, each of whom shall strike one name leaving the remaining name as the mediator. If more than one name remains and the parties cannot agree on a mediator, each party shall select one mediator and both mediators shall then select a third. The third mediator so selected shall mediate said dispute. The mediation shall be governed by the rules of the American Arbitration Association (AAA) then in force and effect. C. The Mediation process shall continue until the case is resolved or until such time as the Mediator makes a finding that there is no possibility of resolution. D. Section 2 (Negotiation) and this Section 3 (Mediation) of this Agreement are deemed Arbitration clauses for the purpose of enforcing compliance with their provisions. Any party to this Agreement may seek compliance with these contract provisions by petition to any court of general jurisdiction. The prevailing party in any such proceeding shall be entitled to the court's order for payment of attorney's fees and costs. 4. Arbitration Should any disputes remain or exist between the parties after completion of the two-step resolution process set forth above, then the parties shall promptly submit any dispute, claim or controversy arising out of or relating to this Agreement or any alleged breach, including, but not limited to, any matter with respect to the meaning, effect, validity, termination, interpretation, performance or enforcement of this Agreement to binding Arbitration administered by the AAA. A. Initiation. Arbitration shall be initiated in the following manner: 1. Unless barred by the statute of limitations, any party bound by this Arbitration Agreement may initiate a Arbitration at any time after negotiation and Mediation procedures as described above have been exhausted by serving, as in a civil action, all parties with notice of the nature of the claim and a demand for Arbitration. A claim shall be forever barred if on the date the demand for Arbitration is received, the claim, if asserted in a civil action, would be barred by the applicable statute of limitations. 2. The claimant shall file a copy of the Demand for Arbitration and Notice of Claim with the AAA, together with the appropriate filing fee as provided in the existing fee schedule of the AAA. 3. If the responding party desires to file a response or counterclaim, the party must do so within ______ (number) days of service of the demand. Failure to file a counterclaim or response will not operate to delay the Arbitration proceedings. 4. After the filing of the claim, response and counterclaim, no further claims or counterclaims may be made except on motion to the arbitrator. B. Appointment and Powers of Arbitrator 1. The case shall be submitted to a single arbitrator chosen by the parties from the list provided by AAA. Should the parties be unable to agree on a choice of arbitrator within ______ (number) days from service of the demand for Arbitration, then each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. However, should the rules of the AAA conflict with this Agreement, this Agreement shall control. 2. If the designated arbitrator should die, become incapable of, unwilling to, or unable to serve or proceed with the Arbitration, then the two arbitrators who appointed this arbitrator shall have power to appoint another in his or her stead, and such substituted arbitrator shall have all such powers as if he or she had been originally appointed. 3. The arbitrator shall have full power to make such regulations and to give all such orders and directions as he or she shall deem just and expedient, not only in respect to the matters and disputes referred to the arbitrator but also with respect to the mode and times of executing and performing any of the acts, deeds, matters, and things that may be directed to be done or awarded. 4. The arbitrator shall have the authority and power to request the production of any books or records in the possession or control of either of the parties, and to order that either party shall in the meantime have access to and be permitted to inspect and take copies of all or any of the same relating to the matters in dispute. 5. The arbitrator shall have the authority and power to proceed ex parte if either party shall fail, after reasonable notice, to attend hearings before him or her. 6. The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the Agreement of the parties, including, but not limited to, injunctive relief and specific performance of a contract. C. Costs and Fees Each party shall be responsible for its own costs and expense of the Arbitration, and the costs and fees of any appointing arbitrators shall be borne equally by the parties. D. Prehearing Once the arbitrator is chosen, the arbitrator shall, at his discretion, schedule a prehearing conference with the parties for the purpose of narrowing the issues, establishing a discovery schedule, arranging an acceptable procedure for any law and motion proceedings and in all respects arranging for the most expeditious hearing possible of the matters in dispute. E. Discovery Discovery shall be at the discretion of the arbitrator and allowed only upon a showing of good cause using the following guidelines: 1. As stated earlier, the arbitrator shall have discretion to order a prehearing exchange of information; this hearing shall include but be not limited to, the production of requested documents and exchanges of summaries of testimony of proposed witnesses. 2. The depositions of the claimant and respondent shall be allowed as a matter of right. One set of interrogatories shall be allowed. There shall be an early and prompt designation and exchange of the names and addresses of expert witnesses who may be called upon to testify at the Arbitration hearing. Their depositions and all other discovery shall be allowed only upon a showing of good cause. F. Evidence Formal rules of evidence relating to the order of proof, the conduct of the hearing and the presentation and admissibility of evidence shall not be applicable in this proceeding. Any relevant evidence, including hearsay, may be admitted by the arbitrator if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the admissibility of such evidence in a court of law. G. Time Limits The award shall be made by the arbitrator on or before ______ (number) days after final submission of all matters, or within such extended time, not exceeding altogether _______ (number) additional days, as the arbitrator shall from time to time direct. H. Reasoned Opinion In rendering the award, the arbitrator may set forth the reasons for his or her decision. I. Applicable Law. The Arbitration shall follow the substantive law of _________________ (name of state) . This includes the provisions of statutory law dealing with Arbitration, as they may exist at the time of the demand for Arbitration, to the extent that such law is not in conflict with this Agreement, and specifically excepting sections of the statute dealing with discovery and requiring notice of hearing date by registered or certified mail. J. Notice. Each party shall be deemed to have consented that any papers, notices, or process necessary or proper for the initiation or continuation of an Arbitration under this Agreement, for any related court action, or for the entry of judgment on any award made under these rules, may be served on a party by mail, addressed to the party or representative at the last known address, or by personal service, in or outside the state in which the Arbitration takes place, provided that reasonable opportunity to be heard has been granted to the party. The arbitrator or the parties may consent to the use of fax transmission, telex, telegram, or other written forms of electronic communication to give the notices required by this Agreement. K. Finality of Award. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by the arbitration laws of the state in which the Arbitration is held. Application may be had by any party to any court of general jurisdiction for entry and enforcement of judgment based on the award. 5. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ______________________ _______________________ (Name of Alpha) (Name of Beta) By:____________________________ By:_______________________________ ______________________ _______________________ (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation) ______________________ _______________________ (Signature of Officer) (Signature of Officer)