02/03/2015 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse // (press release)
An employer and an employee may agree at the outset of their relationship to submit any future disputes to arbitration. Many choose to use the process administered by the American Arbitration Association, a non-profit organization that provides arbitration services. Because the AAA provides administrative services in a wide variety of cases, it has formulated specific rules and guidelines for different types of cases, including employment disputes. Should an employer and an executive desire to arbitrate a dispute under these rules, they can do so by including an arbitration clause in the applicable employment agreement.
A simple arbitration clause might read:
Any controversy or claim arising out of or relating to this Agreement which is not settled by direct discussions between the Parties shall be settled by arbitration administered by the American Arbitration Association under its Employment Arbitration Rules and Mediation Procedures. Any arbitration conducted pursuant to this section shall be conducted in Dallas, Texas. A decision reached through the arbitration process shall be binding on the Parties.
Parties may also negotiate other details, such as how an arbitrator will be selected, whether any restrictions on discovery will be enforced, and how arbitration fees and expenses will be paid. This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment law arbitrator, send an email to debra@clousedunn.com or call (214) 239-2705.
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