Mandatory Mediation And Arbitration Agreement Template for United States

Create a bespoke document in minutes, or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Mandatory Mediation And Arbitration Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Mandatory Mediation And Arbitration Agreement

"I need a Mandatory Mediation And Arbitration Agreement for my tech startup that covers both employee and customer disputes, with specific provisions for handling intellectual property disputes and a clear cost-sharing structure between parties."

What is a Mandatory Mediation And Arbitration Agreement?

The Mandatory Mediation And Arbitration Agreement is essential for organizations seeking to manage dispute resolution efficiently and cost-effectively within the U.S. legal framework. This agreement is particularly valuable when parties wish to avoid lengthy and expensive court proceedings while maintaining confidentiality. It provides a structured approach to conflict resolution, first through mediation and then, if necessary, through binding arbitration. The agreement must comply with the Federal Arbitration Act and applicable state laws, making it crucial for business relationships, employment contracts, and commercial transactions where predictable dispute resolution is desired.

What sections should be included in a Mandatory Mediation And Arbitration Agreement?

1. Parties: Identification of all parties to the agreement

2. Background: Context and purpose of the agreement, including reference to relevant legislation like the Federal Arbitration Act

3. Definitions: Key terms used throughout the agreement including 'Mediation', 'Arbitration', 'Dispute', etc.

4. Scope of Agreement: Detailed description of disputes covered by the agreement and any exclusions

5. Mediation Procedure: Process and requirements for mandatory mediation, including timeframes and procedures

6. Arbitration Procedure: Process and requirements for mandatory arbitration if mediation fails

7. Selection of Mediators/Arbitrators: Process for selecting neutral third parties and qualification requirements

8. Costs and Fees: Allocation of mediation and arbitration expenses between parties

9. Governing Law: Specification of applicable law and jurisdiction

What sections are optional to include in a Mandatory Mediation And Arbitration Agreement?

1. Class Action Waiver: Waiver of right to participate in class actions, suitable for consumer or employment agreements

2. Confidentiality Provisions: Terms regarding confidentiality of proceedings and any disclosed information

3. Discovery Provisions: Rules for information exchange during arbitration, recommended for complex commercial disputes

4. Severability: Clause ensuring that if any portion is found invalid, the remainder stays in effect

What schedules should be included in a Mandatory Mediation And Arbitration Agreement?

1. Schedule A - Mediation Rules: Detailed procedures and rules governing the mediation process

2. Schedule B - Arbitration Rules: Detailed procedures and rules governing the arbitration process

3. Schedule C - Fee Schedule: Breakdown of costs and fee structure for both mediation and arbitration

4. Schedule D - Approved Mediator/Arbitrator List: Pre-approved list of neutral third parties that may be selected

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Federal Arbitration Act (FAA): Primary federal law (9 U.S.C. ยงยง 1-16) that establishes the enforceability of arbitration agreements, sets basic requirements for valid arbitration provisions, and governs interstate commerce arbitration

Alternative Dispute Resolution Act of 1998: Federal legislation that provides the framework for court-annexed ADR programs and influences mediation standards

Title VII of the Civil Rights Act: Employment-related legislation that must be considered to ensure arbitration provisions don't restrict statutory rights regarding discrimination

Americans with Disabilities Act (ADA): Federal law protecting rights of individuals with disabilities; arbitration provisions must not restrict these statutory rights

Age Discrimination in Employment Act (ADEA): Federal law protecting against age discrimination; must be considered when drafting arbitration agreements to ensure statutory rights are preserved

State Arbitration Statutes: Various state-specific laws governing arbitration procedures and requirements that may supplement or modify federal requirements

State Mediation Confidentiality Laws: State-specific regulations governing confidentiality in mediation proceedings and related documentation

AT&T Mobility LLC v. Concepcion: Key Supreme Court case law addressing class action waivers in arbitration agreements

Epic Systems Corp. v. Lewis: Significant case law establishing the enforceability of class action waivers in employment arbitration agreements

Lamps Plus, Inc. v. Varela: Important case law clarifying rules about class arbitration and contract interpretation in arbitration agreements

Due Process Protocols: Procedural requirements ensuring fairness in arbitration proceedings, including notice, opportunity to be heard, and neutral arbitrator selection

Cost Allocation Rules: Regulations and best practices regarding the distribution of arbitration and mediation costs between parties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Voluntary Arbitration Agreement

A U.S.-governed agreement where parties voluntarily commit to resolve disputes through arbitration rather than court litigation.

find out more

Standard Arbitration Agreement

A U.S.-governed agreement establishing binding arbitration as the method for resolving disputes between parties.

find out more

Private Arbitration Agreement

A U.S.-governed agreement establishing terms for private dispute resolution through arbitration instead of court proceedings.

find out more

Pre Dispute Arbitration Agreement

A U.S.-governed agreement establishing arbitration as the method for resolving future disputes between parties.

find out more

Patient Arbitration Agreement

A U.S. healthcare contract establishing mandatory arbitration as the method for resolving disputes between healthcare providers and patients, subject to federal and state regulations.

find out more

Oral Arbitration Agreement

A U.S.-compliant document that formalizes a verbal agreement to resolve disputes through arbitration under federal and state laws.

find out more

Non Disclosure Agreement Arbitration Clause

A U.S.-governed Non-Disclosure Agreement with integrated arbitration provisions for confidential information protection and private dispute resolution.

find out more

Non Arbitration Agreement

A U.S. legal agreement that explicitly waives parties' rights to arbitration in favor of traditional court-based dispute resolution.

find out more

Employee Arbitration Agreement

A U.S.-governed agreement requiring employment disputes to be resolved through arbitration rather than court litigation.

find out more

Dispute Resolution And Mutual Agreement To Binding Arbitration

A U.S.-governed agreement establishing binding arbitration as the primary method for resolving disputes between parties.

find out more

Binding Arbitration Agreement

A U.S.-governed legal agreement requiring parties to resolve disputes through arbitration rather than court litigation.

find out more

Bank Arbitration Agreement

A U.S.-governed agreement between financial institutions and account holders establishing arbitration as the method for resolving disputes.

find out more

Arbitration Submission Agreement

A U.S.-governed agreement between parties to submit an existing dispute to arbitration under the Federal Arbitration Act.

find out more

Arbitration Settlement Agreement

A U.S.-governed legal document that formalizes the settlement terms reached through arbitration proceedings.

find out more

Arbitration Loan Agreement

A U.S.-governed agreement combining loan terms with mandatory arbitration provisions for dispute resolution.

find out more

Arbitration Form Agreement

A U.S.-compliant legal agreement establishing binding arbitration as the method for resolving disputes between parties.

find out more

Arbitration Contract

A U.S.-governed agreement establishing binding arbitration procedures for dispute resolution under federal and state laws.

find out more

Arbitration Confidentiality Agreement

A U.S.-governed agreement establishing confidentiality obligations in arbitration proceedings.

find out more

No Arbitration Agreement

A U.S. legal agreement explicitly declining the use of arbitration for dispute resolution between parties.

find out more

Mutual Arbitration Agreement Employment

A U.S.-governed agreement between employer and employee establishing arbitration as the method for resolving employment-related disputes.

find out more

Mutual Arbitration Agreement

A U.S.-governed agreement between parties to resolve disputes through arbitration rather than court litigation.

find out more

Mutual Agreement To Arbitrate Claims As A Condition Of Employment

A U.S.-governed agreement establishing mandatory arbitration for employment-related disputes between employer and employee as a condition of employment.

find out more

Mutual Agreement To Arbitrate Claims

A U.S.-governed agreement between parties to resolve disputes through arbitration rather than court litigation.

find out more

Mediation And Mutual Arbitration Agreement

A U.S.-governed agreement establishing mediation and arbitration as mandatory dispute resolution methods between parties.

find out more

Mandatory Mediation And Arbitration Agreement

A U.S.-governed agreement requiring parties to resolve disputes through mediation and arbitration rather than court litigation.

find out more

Loan Arbitration Agreement

A U.S.-governed agreement establishing arbitration as the method for resolving loan-related disputes between lenders and borrowers.

find out more

International Commercial Arbitration Agreement

A U.S.-governed agreement establishing arbitration as the dispute resolution method for international commercial disputes.

find out more

International Arbitration Agreement

A U.S.-governed agreement establishing arbitration as the dispute resolution mechanism for international commercial disputes.

find out more

Inter Company Arbitration Agreement

A U.S.-governed agreement establishing arbitration procedures for dispute resolution between related corporate entities.

find out more

Arbitration Clause In Loan Agreement

A U.S.-governed contractual provision requiring loan-related disputes to be resolved through arbitration rather than court litigation.

find out more

Arbitration Clause In Lease Agreement

A U.S.-governed clause mandating arbitration for dispute resolution in lease agreements.

find out more

Arbitration Clause In Contract Agreement

A U.S.-compliant contractual provision requiring dispute resolution through arbitration rather than court litigation.

find out more

Arbitration And Mediation Agreement

A U.S.-governed agreement establishing procedures for resolving disputes through mediation and arbitration rather than court litigation.

find out more

Arbitration Agreements In Employment Contracts

A U.S. employment contract clause requiring disputes to be resolved through arbitration rather than court litigation.

find out more

Arbitration Agreement Independent Contractor

A U.S.-governed agreement establishing arbitration as the dispute resolution method between a company and independent contractor.

find out more

Arbitration Agreement In Employee Handbook

A U.S.-compliant agreement mandating arbitration for employment disputes, typically incorporated into employee handbooks.

find out more

Arbitration Agreement And Arbitration Clause

A U.S.-governed agreement establishing binding arbitration as the method for resolving disputes between parties, as regulated by the Federal Arbitration Act.

find out more

Arbitration Agreement (Real Estate)

A U.S.-governed agreement establishing arbitration procedures for resolving real estate disputes outside of court.

find out more

Applicable Law Arbitration Agreement

A U.S.-governed agreement establishing the legal framework and procedures for resolving disputes through arbitration.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.