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Mutual Agreement To Arbitrate Claims Template for United States

A Mutual Agreement to Arbitrate Claims is a legally binding contract under U.S. law where two or more parties agree to resolve their disputes through arbitration rather than litigation in court. The agreement is governed by the Federal Arbitration Act and applicable state laws, establishing the procedures, scope, and terms for arbitration. It typically covers claim types, arbitrator selection, cost allocation, and procedural rules while ensuring compliance with federal and state requirements for enforceability.

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What is a Mutual Agreement To Arbitrate Claims?

The Mutual Agreement to Arbitrate Claims serves as a critical risk management tool in U.S. business relationships, providing a more efficient and cost-effective alternative to traditional litigation. This agreement is commonly used when parties wish to establish clear dispute resolution procedures while avoiding lengthy court proceedings. It complies with the Federal Arbitration Act and relevant state laws, typically addressing various aspects including covered claims, arbitrator selection, procedural rules, and cost allocation. The agreement is particularly valuable in employment relationships, business partnerships, and service contracts where maintaining confidentiality and expedited dispute resolution are priorities.

What sections should be included in a Mutual Agreement To Arbitrate Claims?

1. Parties: Identification of all parties entering into the arbitration agreement

2. Background: Context and purpose of the arbitration agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Arbitration: What claims and disputes are covered by the agreement

5. Arbitration Procedures: Process for initiating and conducting arbitration

6. Arbitrator Selection: Process for choosing arbitrator(s)

7. Cost Allocation: How arbitration costs will be shared or paid

What sections are optional to include in a Mutual Agreement To Arbitrate Claims?

1. Class Action Waiver: Waiver of right to participate in class actions - use when dealing with multiple similar potential claims

2. Confidentiality: Provisions regarding confidentiality of proceedings - use when sensitive information may be involved

3. Discovery Provisions: Specific rules about information exchange - use in complex disputes requiring extensive evidence

What schedules should be included in a Mutual Agreement To Arbitrate Claims?

1. Arbitration Rules: Detailed procedures and rules governing the arbitration process

2. Fee Schedule: Breakdown of arbitration costs and fee structure

3. Excluded Claims: List of specific claims excluded from arbitration

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use

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