The Arbitration Process. (a) The arbitration shall be conducted before a single arbitrator in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”) in effect at the time any party submits any claims covered by this Agreement. The arbitrator must be a member of the bar in good standing in the state in which the dispute arose. If AAA declines the matter or if the parties agree otherwise, the parties shall use the employment arbitration forum and rules of JAMS. (b) Any authorized decision or award of the arbitrator shall be final and binding upon the parties. The arbitrator shall have the power to award any type of legal or equitable relief available in a court of competent jurisdiction including, but not limited to, attorney’s fees, to the extent such damages are available under law. (c) All orders of the arbitrator (except evidentiary rulings at the arbitration) shall be in writing and subject to review pursuant to the Federal Arbitration Act. (d) Any claim for arbitration will be timely only if brought within the time in which an administrative charge or complaint could have been filed if the claim is one that could be filed with an administrative agency. ▇▇▇▇▇▇▇▇▇▇▇ agrees not to require you to proceed before an administrative agency before commencing arbitration. If, however, you elect to proceed before an administrative agency, then your claim for arbitration will be timely if brought within the time allowed by the applicable statute of limitations for filing a lawsuit after proceeding before the agency. Any claim for arbitration that could not have been filed with an administrative agency must be filed within the time set by the applicable statute of limitations. (e) The arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under Exhibit A to the Employment Agreement must be held confidential by Employee. (f) The arbitrator shall have no authority to amend or modify any of the terms of the Employment Agreement. (g) The arbitrator shall have thirty (30) business days from the closing statements or submission of post-hearing briefs by the parties to render a decision (h) Employee shall have available the same statutory remedies as would be available in a judicial forum. (i) This Agreement expressly authorizes any party to submit a motion for summary judgment. If a summary judgment motion is made, the arbitrator must render a written and detailed opinion on that motion within forty-five (45) business days of submission of all supporting and opposition papers. (j) Each party shall be responsible for his or her own attorney’s fees in the arbitration, except as allowed by applicable law. (k) The terms of this Agreement control over any contrary provisions in the AAA arbitration rules.
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The Arbitration Process. (a) The arbitration shall be conducted confidentially before a single arbitrator in accordance with the Employment Arbitration Rules and Mediation Procedures of JAMS (the American Arbitration Association (“AAARules”) in effect at on the time date that any party submits any claims claim(s) covered by this AgreementArbitration Agreement to arbitration. The Rules can be found at h▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇-employment-arbitration/ or can be obtained by written request to the Company. The arbitrator must be a member of the bar in good standing in the state in which the dispute arose. If AAA JAMS declines the matter or if the parties agree otherwise, the parties shall use the employment arbitration forum and rules of JAMSthe American Arbitration Association.
(b) Any authorized decision or award of the arbitrator shall be final and binding upon the parties. The arbitrator shall have the power to award any type of legal or equitable relief available in a court of competent jurisdiction including, but not limited to, attorney’s fees, to the extent such damages are available under law.
(c) All orders of the arbitrator (except evidentiary rulings at the arbitration) shall be in writing and subject to review pursuant to the Federal Arbitration Act.
(d) Any claim If either you or the Company fails to make a written request for arbitration will be timely only if brought within the time in which an administrative charge or complaint could have been filed if the claim is one that could be filed with an administrative agency. ▇▇▇▇▇▇▇▇▇▇▇ agrees not to require you to proceed before an administrative agency before commencing arbitration. If, however, you elect to proceed before an administrative agency, then your claim for arbitration will be timely if brought within the time allowed by the applicable statute of limitations for period applicable to a Claim under applicable law, or otherwise fails to comply with the administrative prerequisites to filing a lawsuit after proceeding before certain types of claims, you and/or the agency. Any Company will have waived the right to raise that claim for arbitration that could not have been filed with an administrative agency must be filed within the time set by the applicable statute of limitationsin any forum.
(e) The arbitrator shall have the authority to compel adequate discovery for the resolution of all Claims.
(f) The arbitrator shall agree to treat as confidential evidence and other information presented by the parties to the same extent as Confidential Information under Exhibit A B to the Employment Agreement must be held confidential by Employee.
(fg) The arbitrator shall have no authority to amend or modify any of the terms of the Employment Agreement.
(gh) The arbitrator shall have thirty (30) business days from the closing statements or submission of post-hearing briefs by the parties to render a decision.
(hi) Employee shall have available the same statutory remedies as would be available in a judicial forum.
(ij) This Arbitration Agreement expressly authorizes any party to submit a motion for summary judgment. If a summary judgment motion is made, the arbitrator must render a written and detailed opinion on that motion within forty-five (45) 45 business days of submission of all supporting and opposition papers.
(jk) Each party shall be responsible Except for his or her own attorneycertain claims for which the Company is not required by law to bear the cost of arbitration, the cost of arbitration, including the arbitrator’s fees in and all administrative costs related to the arbitration, will be paid by the Company, except that Employee will be required to pay the initial filing fee to the extent that the filing fee does not exceed the fee to file a complaint in state or federal court. The parties will each bear their own costs for legal representation, discovery, deposition, expert witnesses, and other legal costs ordinarily borne by a party in litigation, provided, however, that the arbitrator shall have the authority to require one party to pay the costs and fees for the other party, but only to the extent permitted under relevant federal or state laws, as allowed by applicable lawa part of any remedy that may be ordered.
(kl) To the fullest extent permitted by law, the parties shall maintain the confidential nature of the arbitration proceedings and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law. Nothing in this Arbitration Agreement prevents Employee from discussing or disclosing truthful information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Employee has reason to believe is unlawful.
(m) The terms of this Arbitration Agreement control over any contrary provisions in the AAA arbitration rulesRules.
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