The Mutual Agreement to Arbitrate serves as a foundational document for establishing alternative dispute resolution procedures between parties. It is commonly used in employment relationships, business contracts, and consumer agreements across the United States. The agreement is designed to provide a more efficient, cost-effective, and private method of resolving disputes compared to traditional litigation. This document must comply with federal laws, including the Federal Arbitration Act, as well as state-specific requirements. It typically includes provisions for arbitrator selection, cost sharing, procedural rules, and the types of claims covered by the agreement.
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1. Parties: Identification of all parties to the agreement
2. Background: Context and purpose of the arbitration agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Arbitration: What disputes are covered by the agreement
5. Arbitration Procedures: Process for initiating and conducting arbitration
6. Selection of Arbitrator: Process for choosing neutral arbitrator
7. Costs and Fees: Allocation of arbitration costs between parties
8. Governing Law: Applicable law governing the agreement
1. Class Action Waiver: Waiver of right to participate in class actions - include when dealing with multiple potential claimants
2. Confidentiality: Provisions regarding confidentiality of proceedings - include when sensitive information may be involved
3. Discovery Procedures: Specific rules for information exchange - include in complex disputes requiring extensive evidence
4. Emergency Relief: Provisions for seeking emergency court intervention - include when immediate relief might be necessary
1. Arbitration Rules: Detailed procedures for conducting arbitration
2. Fee Schedule: Breakdown of arbitration costs and fees
3. Excluded Claims: List of specific disputes not subject to arbitration
Relevant legal definitions
Clauses
Agreement to Arbitrate
Scope of Arbitration
Excluded Disputes
Arbitration Procedures
Selection of Arbitrator
Venue and Location
Governing Law
Costs and Fees
Confidentiality
Class Action Waiver
Severability
Amendment and Modification
Notice Requirements
Discovery
Time Limits
Emergency Relief
Enforcement of Award
Entire Agreement
Survival
Waiver of Jury Trial
Representation
Termination
Force Majeure
Assignment
Counterparts
Relevant Industries
Relevant Teams
Relevant Roles
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