[{"data":1,"prerenderedAt":538},["ShallowReactive",2],{"document-mediation-and-arbitration-agreement-D676":3},{"document":4,"label":26,"preview":11,"thumb":27,"thumb600":28,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":29,"breadcrumb":33,"related":41,"customDescModule":179,"customdescription":6,"mdFm":180,"mdProseHtml":537},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":25},"MEDIATION AND ARBITRATION AGREEMENT Our company greatly values its relationships with its employees. We realize that no matter how hard we may try, an occasional breakdown in the relationship may occur. The purpose of this Mediation and Arbitration Agreement is to help avoid the time, expense and emotions associated with dragging our problems through the litigation system. Agreement to Mediate You and the Company agree to first attempt a mediation of any dispute covered by this Agreement. Mediation is a non-binding process allowing the parties to resolve claims without extensive cost, time and emotion. This mediation shall be conducted pursuant to the Rules and Procedures of the American Arbitration Association for the resolution of employment disputes, or as otherwise stipulated by the parties. The parties agree to make a good faith effort at mediating any dispute prior to filing a claim for arbitration. Agreement to Arbitrate; Designated Claims The parties agree that all references to the \"Company\" in this Agreement shall include and all of its subsidiary and affiliated entities, including all former, current and future officers, directors and employees of all such entities, in their capacity as such or otherwise; all benefit plans and their sponsors, fiduciaries, administrators, affiliates and agents, in their capacity as such and otherwise; and all successors and assigns of any of them. Except as otherwise provided in this Agreement, the Company and the Employee hereby consent to the resolution by binding arbitration of all claims or controversies for which a federal or state court or other dispute resolution body otherwise would be authorized to grant relief, whether or not arising out of, relating to or associated with the Employee's employment with the Company, that the Employee may have against the Company or that the Company may have against the Employee. Claims covered by this Agreement include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract or covenant, express or implied; tort claims; claims for discrimination or harassment on bases which include but are not limited to race, sex, sexual orientation, religion, national origin, age, marital status, disability or medical condition; claims for benefits, except as excluded in paragraph 6; and claims for violation of any federal, state or other governmental constitution, statute, ordinance, regulation, or public policy including but not limited to [LAWS/CODE/ACT] and their [STATE/PROVINCE] equivalents. The purpose and effect of this Agreement is to substitute arbitration as the forum for resolution of the Claims; all responsibilities of the parties under the statutes applicable to the Claims shall be enforced. We both understand and agree that we are entering into this Agreement voluntarily, and that this Agreement provides for the waiver of our respective rights to a trial by jury on the claims covered by this Agreement. Neutral Mediator or Arbitrator Any mediation of arbitration of disputes shall be conducted by a neutral mediator/arbitrator. Governing Law All arbitrations covered by this Agreement shall be adjudicated in accordance with the state or federal law that would be applied by a [COUNTRY] sitting at [the place of the hearing]. Location of Arbitration The parties agree that any dispute shall be held in the [Place] pursuant to its [Rules for Arbitration Employment Disputes.] Rights Please understand that by signing this agreement, and except for those matters excluded, the Employee and Company waives any right that it, he or she may possess to have employment related disputes litigated in a court or by jury trial. Claims Not Covered by This Agreement This Agreement does not apply to or cover claims for workers' compensation or unemployment compensation benefits; claims resulting from the default of any obligation of the Company or the Employee under a loan agreement; claims for injunctive and/or other equitable relief for intellectual property violations, unfair competition and/or the use and/or unauthorized disclosure of trade secrets or confidential information; or claims based upon an employee pension or benefit plan that either (1) contains an arbitration or other non-judicial resolution procedure, in which case the provisions of such plan shall apply, or (2) is underwritten by a commercial insurer which decides claims. If either the Company or the Employee has more than one claim against the other, one or more of which is not covered by this Agreement, such claims shall be determined separately in the appropriate forum for resolution of those claims. Nothing in this Agreement shall preclude the parties from agreeing to resolve claims other than Claims covered by this Agreement pursuant to the provisions of this Agreement. Statute of Limitations Any claim governed by this Agreement shall be filed no later than one year from the date of discovery, or one year from the last date employment, which ever comes first. Initiation of Mediation Process Employee or Company can initiate the mediation process by filing a Request for Mediation with [Human resources, corporate counsel, etc.] Initiation of the Arbitration Process To initiate the arbitration process, the aggrieved party must file a written Claim. Claims can be filed with the office of [Name]. Service of the Claim upon the responding party shall be made in accordance with Procedures",null,"Mediation and Arbitration Agreement","4",48,"doc","https://templates.business-in-a-box.com/imgs/1000px/mediation-and-arbitration-agreement-D676.png","https://templates.business-in-a-box.com/imgs/250px/676.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#676.xml",{"title":6,"description":6},[16,19,22],{"label":17,"url":18},"Human Resources","/templates/human-resources/",{"label":20,"url":21},"Motivation & Appreciation","/templates/motivation-appreciation/",{"label":23,"url":24},"Staff Management","/templates/staff-management/","mediation arbitration agreement","Mediation and Arbitration Agreement Template","https://templates.business-in-a-box.com/imgs/400px/676.png","https://templates.business-in-a-box.com/imgs/600px/676.png",[30,16,19,22],{"label":31,"url":32},"Templates","/templates/",[34,35,38],{"label":31,"url":32},{"label":36,"url":37},"Legal Agreements","/templates/business-legal-agreements/",{"label":39,"url":40},"Transfers Terminations & Releases","/templates/transfers-terminations-and-releases/",[42,46,50,54,58,62,66,70,74,78,82,86,90,105,121,136,153,165],{"label":43,"url":44,"thumb":45,"extension":10},"Arbitration Agreement","/template/arbitration-agreement-D856","https://templates.business-in-a-box.com/imgs/250px/856.png",{"label":47,"url":48,"thumb":49,"extension":10},"Mediation Agreement","/template/mediation-agreement-D893","https://templates.business-in-a-box.com/imgs/250px/893.png",{"label":51,"url":52,"thumb":53,"extension":10},"Mediation Agreement Short","/template/mediation-agreement-short-D12700","https://templates.business-in-a-box.com/imgs/250px/12700.png",{"label":55,"url":56,"thumb":57,"extension":10},"Mediation Policy","/template/mediation-policy-D13735","https://templates.business-in-a-box.com/imgs/250px/13735.png",{"label":59,"url":60,"thumb":61,"extension":10},"Conflict Resolution and Mediation Policy","/template/conflict-resolution-and-mediation-policy-D13631","https://templates.business-in-a-box.com/imgs/250px/13631.png",{"label":63,"url":64,"thumb":65,"extension":10},"Non-Profit Partnership Agreement","/template/non-profit-partnership-agreement-D14023","https://templates.business-in-a-box.com/imgs/250px/14023.png",{"label":67,"url":68,"thumb":69,"extension":10},"Acquisition Agreement","/template/acquisition-agreement-D847","https://templates.business-in-a-box.com/imgs/250px/847.png",{"label":71,"url":72,"thumb":73,"extension":10},"Amalgamation Agreement","/template/amalgamation-agreement-D855","https://templates.business-in-a-box.com/imgs/250px/855.png",{"label":75,"url":76,"thumb":77,"extension":10},"Attorney Agreement","/template/attorney-agreement-D862","https://templates.business-in-a-box.com/imgs/250px/862.png",{"label":79,"url":80,"thumb":81,"extension":10},"Bonus Agreement","/template/bonus-agreement-D13815","https://templates.business-in-a-box.com/imgs/250px/13815.png",{"label":83,"url":84,"thumb":85,"extension":10},"Caregiver Agreement","/template/caregiver-agreement-D13510","https://templates.business-in-a-box.com/imgs/250px/13510.png",{"label":87,"url":88,"thumb":89,"extension":10},"Charter Agreement","/template/charter-agreement-D13440","https://templates.business-in-a-box.com/imgs/250px/13440.png",{"description":91,"descriptionCustom":6,"label":92,"pages":93,"size":94,"extension":10,"preview":95,"thumb":96,"svgFrame":97,"seoMetadata":98,"parents":99,"keywords":103,"url":104},"SETTLEMENT AGREEMENT This Settlement Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the \"Creditor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] [THIRD PARTY NAME] (the \"Debtor\"), an individual with his main address located at: [COMPLETE ADDRESS] WHEREAS by Statement of Claim filed on [DATE] in the Federal Court of [COUNTRY] (Trial Division) under court file number [NUMBER], as amended by an Amended Statement of Claim filed therein on [EFFECTIVE DATE], [COMPANY NAME]. (the \"Creditor\") instituted proceedings as plaintiff against the Company and Debtor as defendants in recovery of the sum of [AMOUNT] (the \"Action\"); WHEREAS in the Action, the Creditor has claimed the amount of [AMOUNT] from Debtor pursuant to a certain guarantee executed by him in favor of the Creditor; WHEREAS [COMPANY NAME] and the Creditor amalgamated effective [DATE], such that [COMPANY NAME] became a division of the Creditor; WHEREAS the parties have agreed to settle the Action upon the terms and conditions hereinafter set forth: NOW WHEREFORE, the parties hereto agree as follows: The Action is settled upon the terms hereinafter set forth. The parties shall execute a Declaration of Settlement Out Of Court in respect of the Action, which Declaration shall be remitted to the Bank, and which the Bank shall file in the court record on the latest of the trial date fixed for the Action, being [EFFECTIVE DATE], receipt of the initial payment provided for in Section 2 hereof and the date of registration of the Security contemplated in Section 2 hereof. Debtor hereby undertakes to pay to the Creditor the sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Settlement Amount\"), payable as set out below. Debtor shall pay to the Bank at its offices noted above the principal sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Principal Amount\"), by way of [NUMBER] equal consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing on [EFFECTIVE DATE] until full payment on [DATE] (the \"Payments\"). Concurrently with the execution hereof, Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Payments for [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively. Thereafter, Debtor shall deliver to the Creditor by or before [DATE] of each year, commencing [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively, [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the following [NUMBER] months in payment of the Payments for the said [NUMBER] month period. By or before [EFFECTIVE DATE], Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the remaining [NUMBER] months in payment of the Payments for the said [NUMBER] month period. The Principal Amount shall bear interest from the date of any unremedied default at the rate of [PERCENTAGE %] percent per annum, calculated on the balance then outstanding and payable on demand. All interest not paid when due shall bear interest at the same rate calculated as aforesaid and payable on demand. The balance of [AMOUNT] (the \"Balance\") shall be paid to the Creditor by way of compensation and set-off against the amount of any commission which may become owing to Debtor by the Creditor on any sales of its assets which Debtor may make from time to time hereafter on behalf of the Creditor, and against the amount of any salary or other compensation which may become owing to him by the Creditor in respect of any other services of any nature whatsoever which Debtor may perform from time to time hereafter on behalf of the Creditor. The amount of such commissions, salary and/or other compensation shall be determined in accordance with the terms and conditions of any agreements which the Creditor and Debtor may enter into for the provision of such services by Debtor to the Creditor. The Creditor shall provide to Debtor on a regular basis a list of assets currently offered for sale by the Creditor and undertakes to give Debtor every opportunity, on a non-exclusive basis, to sell such assets and undertakes not to act unreasonably in considering any offer to purchase which Debtor may bring to the Creditor. In the event that the Balance has not been repaid in full on the date the last payment falls due under Section 2.1 hereof, Debtor shall pay off the amount of the Balance then outstanding (the \"Unpaid Balance\") by way of consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing [EFFECTIVE DATE] (the \"Extended Period\"). On [EFFECTIVE DATE], Debtor shall deliver to the Creditor the requisite number of check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Unpaid Balance, provided always that Debtor shall still be able to pay any or all of the Unpaid Balance during the Extended Period by way of compensation and set-off pursuant to the provisions of Section 2.3.1. Debtor shall have a grace period of [NUMBER] days from the date of any written notice of default to make any Payment due hereunder to remedy said default. In the event the default is not remedied within such period, Debtor shall lose the benefit of the term provided for herein and the entire balance of the Settlement Amount then outstanding shall become immediately due and payable. The Creditor shall then be entitled to demand payment in full of the outstanding amount of the Settlement Amount, by written notice of demand, without further notice, including prior notice of such acceleration, or delay. The Creditor shall, in addition to its right to accelerate payment in the event of an unremedied default to make any payment, be entitled to accelerate payment should the Creditor advise Debtor in writing of the discovery of any material omission of any encumbrance on any of the assets listed in Schedule C or of any other limitation or alteration in Debtor's right, title and interest in and to the assets listed in Schedule C, provided that Debtor shall have [NUMBER] days from the date of such notice to remedy the default such that the omission is no longer material, but not in the event of any other default hereunder. Concurrently with his execution of the present Settlement Agreement, Debtor shall execute demand promissory notes in the amounts of [AMOUNT] respectively, in the form of the promissory notes annexed hereto as Schedules A and B respectively, to be held by the Creditor as collateral security for the performance of Debtor's obligations under this Section 2. Debtor shall grant security in favor of the Creditor against each and all of the assets identified in the affidavit executed by Debtor concurrently herewith and annexed hereto as Schedule C (the \"Secured Assets\"), subject to the encumbrances thereon as disclosed therein (the \"Encumbrances\"), which Encumbrances Debtor hereby represents and warrants are all the encumbrances existing against the Secured Assets, and which Secured Assets Debtor hereby represents and warrants have a net aggregate liquidation value, after deduction of the reasonable expenses of liquidation and after payment of the Encumbrances of not less than the Settlement Amount. ","Settlement Agreement","8",64,"https://templates.business-in-a-box.com/imgs/1000px/settlement-agreement-D916.png","https://templates.business-in-a-box.com/imgs/250px/916.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#916.xml",{"title":6,"description":6},[100,102],{"label":36,"url":101},"business-legal-agreements",{"label":36,"url":101},"settlement agreement","/template/settlement-agreement-D916",{"description":106,"descriptionCustom":6,"label":107,"pages":108,"size":109,"extension":10,"preview":110,"thumb":111,"svgFrame":112,"seoMetadata":113,"parents":115,"keywords":114,"url":120},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3",513,"https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":114,"description":6},"non disclosure agreement nda",[116,117],{"label":36,"url":101},{"label":118,"url":119},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":122,"descriptionCustom":6,"label":123,"pages":124,"size":125,"extension":10,"preview":126,"thumb":127,"svgFrame":128,"seoMetadata":129,"parents":130,"keywords":134,"url":135},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[131],{"label":132,"url":133},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":137,"descriptionCustom":6,"label":138,"pages":139,"size":109,"extension":10,"preview":140,"thumb":141,"svgFrame":142,"seoMetadata":143,"parents":145,"keywords":144,"url":152},"EMPLOYMENT AGREEMENT - AT WILL EMPLOYEE This Employment Agreement for \"At Will\" Employee (the \"Agreement\") is made and effective this [DATE], BETWEEN: [EMPLOYEE NAME] (the \"Employee\"), an individual with his main address at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Corporation\"), an entity organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Corporation hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Corporation, on an \"at will\" basis, upon the following terms and conditions: APPOINTMENT The Employee is hereby employed by the Corporation to render such services and to perform such tasks as may be assigned by the Corporation. The Corporation may, in its sole discretion, increase or reduce the duties, or modify the title and job description, of the Employee from time to time, and any such increase, reduction or modification shall not be deemed a termination of this Agreement. ACCEPTANCE OF EMPLOYMENT Employee accepts employment with the Corporation upon the terms set forth above and agrees to devote all Employee's time, energy and ability to the interests of the Corporation, and to perform Employee's duties in an efficient, trustworthy and business-like manner. DEVOTION OF TIME TO EMPLOYMENT The Employee shall devote the Employee's best efforts and substantially all of the Employee's working time to performing the duties on behalf of the Corporation. The Employee shall provide services during the hours that are scheduled by the Corporation management. The Employee shall be prompt in reporting to work at the assigned time. NO CONFLICT OF INTEREST Employee shall not engage in any other business while employed by the Corporation. Employee shall not engage in any activity that conflicts with the Employees duties to the Corporation. Employee shall not provide any service or lend any aid or assistance to any party that competes with the services offered by the Corporation. Employee shall not provide any services to clients or prospective clients of the Corporation outside of the provision of services for the Corporation, whether such services are provided with or without compensation or remuneration. CORPORATION PROPERTY Employee acknowledges and agrees that while employed by the Corporation the Employee may be provided with use of computer equipment and other property of the Corporation. The use and possession of the such items shall be subject to any policies, requirements or restrictions established by the Corporation. Such items may only be used in performance of the Employee's duties for the corporation. On request of the Corporation, the Employee shall immediately deliver any such items to the Corporation. Upon termination of employment, Employee shall have the affirmative duty to return any such item to the Corporation whether a request is made or not. The obligation to return Corporation property shall extend and include any and all work product, client property, proprietary rights, intangible property, and all other property of the corporation regardless of the form or medium. COMPENSATION The Corporation shall pay the Employee such hourly compensation as determined by the Corporation. Payment shall be at the same time as the Corporations usual payroll to other employees. BONUS & BENEFITS Payment of any bonuses shall be at the complete discretion of the Corporation. No guarantee or representation that any bonuses will be paid has been made to the Employee. Standard benefits that are provided to other non-management employees shall be offered to the Employee, subject to the Corporation's policies and the terms and conditions of such benefits. WITHHOLDING All sums payable to Employee under this Agreement will be reduced by all federal, state, local, and other withholdings and similar taxes and payments required by applicable law. QUALIFICATIONS OF EMPLOYEE The employee shall satisfy all of the qualification that are established by the Corporation. TERM OF AGREEMENT There shall be no guaranteed term of employment. Employer acknowledges and agrees that Employee shall be an \"At Will\" Employee and that Employee's employment may be terminated at any time by the Corporation, with or without cause. FEES FROM EMPLOYEE'S WORK The Corporation shall have exclusive authority to determine the fees, or a procedure for establishing the fees, to be charged to clients by the Corporation for services that are provided by the Employee. All sums paid to the Employee or the Corporation in the way of fees, in cash or in kind, or otherwise for services of the Employee, shall, except as otherwise specifically agreed by the Corporation, be and remain the property of the Corporation and shall be included in the Corporation's name in such checking account or accounts as the Corporation may from time to time designate. CLIENTS AND CLIENT RECORDS The Corporation shall have the authority to determine who will be accepted as clients of the Corporation, and the Employee recognizes that such clients accepted are clients of the Corporation and not the Employee. All client records and files of any type concerning clients of the Corporation shall belong to and remain the property of the Corporation, notwithstanding the subsequent termination of the employment. POLICIES AND PROCEDURES The Corporation shall have the authority to establish from time to time the policies and procedures to be followed by the Employee in performing services for the Corporation. This may include, but is not necessarily limited to, employment policies, computer use policies, Internet access policies, email policies, and all other policies, procedures, directives, and mandates established by the Corporation, whether or not in written form or formally adopted. Employee shall abide by the provisions of any contract entered into by the Corporation under which the Employee provides services. Employee shall comply with the terms and conditions of any and all contracts entered by the Corporation. TERMINATION Employee acknowledges and agrees that Employee is an \"at will\" employee of the Corporation. As such, no term of employment is created hereby and employee may be terminated at any time in the sole discretion of the Corporation, whether there exists any cause for termination or not. CREATIONS AND INVENTIONS Employee acknowledges and agrees that any and all work product of the Employee that is conceived or created during the Employee's employment with the Corporation is the exclusive property of the Corporation. This shall include any and all copyrights, trade secrets, confidential information, patents, trademarks, trade dress, ideas, concepts, plans, business plans, business concepts, techniques, inventions, drawings, artwork, logos, graphics, web pages, databases, software, programs, CGI's, plug ins, applications, brochures, inventions, marketing plans and concepts, and all other ideas and work product of the Employee. The Employee acknowledges and agrees that all creations shall be \"works made for hire\" as defined in the [ACT OR CODE]. Notwithstanding the fact that this material may be considered to be a work made for hire, Employee agrees, during Employee's employment and thereafter, which covenant shall survive any termination of the employment relationship, to execute any and all documents requested by the Corporation to confirm the Corporation's ownership and control of all such material, including but not limited to assignments of copyright, confirmations of work for hire status, waivers of proprietary rights, copyright application, and any other documents requested by Corporation. RESTRICTIVE COVENANTS","Employment Agreement_At Will Employee","7","https://templates.business-in-a-box.com/imgs/1000px/employment-agreement_at-will-employee-D541.png","https://templates.business-in-a-box.com/imgs/250px/541.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#541.xml",{"title":144,"description":6},"employment agreement_at will employee",[146,148,151],{"label":17,"url":147},"human-resources",{"label":149,"url":150},"Hire an Employee","hire-employee",{"label":36,"url":101},"/template/employment-agreement_at-will-employee-D541",{"description":154,"descriptionCustom":6,"label":155,"pages":124,"size":109,"extension":10,"preview":156,"thumb":157,"svgFrame":158,"seoMetadata":159,"parents":161,"keywords":160,"url":164},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":160,"description":6},"service agreement",[162,163],{"label":36,"url":101},{"label":36,"url":101},"/template/service-agreement-D12711",{"description":166,"descriptionCustom":6,"label":167,"pages":93,"size":109,"extension":10,"preview":168,"thumb":169,"svgFrame":170,"seoMetadata":171,"parents":173,"keywords":172,"url":178},"PARTNERSHIP AGREEMENT This Partnership Agreement (\"Agreement\") is made and effective this [Date], BETWEEN: [YOUR COMPANY NAME] (the \"First Partner\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTNER NAME] (the \"Second Partner\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS Partners desire to join together for the pursuit of common business goals. Partners have considered various forms of joint business enterprises for their business activities. Partners desire to enter into a partnership agreement as the most advantageous business form for their mutual purposes. The parties hereto agree to form a limited partnership (the \"Partnership\") under [LAW, CODE OR ACT]. In consideration of the mutual promises contained in this agreement, partners agree as follows: NAME AND DOMICILE The name of the partnership shall be [name]. The principal place of business shall be at [address], [city], [state/province], unless relocated by consent of the partners. Purposes Subject to the limitations set forth in this Agreement, the purposes of the Partnership are to engage in the business of [DESCRIBE ACTIVITIES]; and to conduct other activities as may be necessary or incidental to or desirable in connection with the foregoing. DURATION OF AGREEMENT The term of this agreement shall be for [number] years, commencing on [date], and terminating on [date], unless sooner terminated by mutual consent of the parties or by operation of the provisions of this agreement. CLASSIFICATION AND PERFORMANCE BY PARTNERS Partners shall be classified as active partners, advisory partners, or estate partners. An active partner may voluntarily become an advisory partner, may be required to become one irrespective of age, and shall automatically become one after attaining the age of [age] years, and in each case shall continue as such for [number] years unless the partner sooner withdraws or dies. If an active partner dies, the partner's estate will become an estate partner for [number] years. If an advisory partner dies within [Number] years of having become an advisory partner, the partner will become an estate partner for the balance of the [number]-year period. Only active partners shall have any vote in any partnership matter. At the time of the taking effect of this partnership agreement, all the partners shall be active partners except [name] and [name], who shall be advisory partners. An active partner, after attaining the age of [age] years, or prior to that age if the [executive committee or as the case may be] with the approval of [two-thirds or as the case may be] of all the other active partners determines that the reason for the change in status is bad health, may become an advisory partner at the end of any calendar month on giving [number] calendar months' prior notice in writing of the partner's intention to do so. The notice shall be deemed to be sufficient if sent by registered mail addressed to the partnership at its principal office at [address], [city], [state/province] not less than [number] calendar months prior to the date when the change is to become effective. Any active partner may at any age be required to become an advisory partner at any time if the [executive committee or as the case may be] with the approval of [two-thirds or as the case may be] of the other active partners shall decide that the change is for any reason in the best interests of the partnership, provided notice of the decision shall be given in writing to the partner. The notice shall be signed by the [chairman or as the case may be] of the [executive committee or as the case may be] or, in the event of his or her being unable to sign at the time, by another member of the [executive committee or as the case may be]. The notice shall be served personally on the partner required to change his or her status or mailed by registered mail to the partner's last known address. Change of the partner's status shall become effective as of the date specified in the notice. Every active partner shall automatically and without further act become an advisory partner at the end of the fiscal year in which the partner's birthday occurs. In the event that an active partner becomes an advisory partner or dies, the partner or the partner's estate shall be entitled to the following payments at the following times: [describe] Each active partner shall apply all of the partner's experience, training, and ability in discharging the partner's assigned functions in the partnership and in the performance of all work that may be necessary or advantageous to further the business interests of the partnership. CONTRIBUTION Each partner shall contribute [amount] on or before [date] to be used by the partnership to establish its capital position. Any additional contribution required of partners shall only be determined and established in accordance with Article Nineteen. MANAGEMENT OF THE PARTNERSHIP The Partnership shall be managed by [SPECIFY]. Subject to the limitations specifically contained in this Agreement, [PARTY MANAGING THE PARTNERSHIP] shall have the full, exclusive and absolute right, power and authority to manage and control the Partnership and the property, assets and business thereof. [PARTY MANAGING THE PARTNERSHIP] shall have all of the rights, powers and authority conferred by law or under other provisions of this Agreement. Without limiting the generality of the foregoing, such powers include the right on behalf of the Partnership, in [PARTY MANAGING THE PARTNERSHIP]' sole discretion, to: Acquire, purchase, renovate, improve, and own any property or assets necessary or appropriate or in the best interests of the business of the Partnership, and to acquire options for the purchase of any such property; Borrow money, issue evidences of indebtedness in connection therewith, refinance, increase the amount of, modify, amend or change the terms of, or extend the time for the payment of, any indebtedness or obligation of the Partnership, and secure such indebtedness by mortgage, deed of trust, pledge or other lien on Partnership assets; Sue on, defend or compromise any and all claims or liabilities in favor of or against the Partnership and to submit any or all such claims or liabilities to arbitration; File applications, communicate and otherwise deal with any and all governmental agencies having jurisdiction over, or in any way affecting, the Partnership's assets or any part thereof or any other aspect of the Partnership business; Retain services of any kind or nature in connection with the Partnership business, and to pay therefore such remuneration deem reasonable and proper; and Perform any and all other acts deem necessary or appropriate to the Partnership business. TRANSFER OF PARNERSHIP INTERESTS Restrictions on Transfer None of the Partners shall sell, assign, transfer, mortgage, encumber, or otherwise dispose of the whole or part of that Partner's interest in the Partnership, and no purchaser or other transferee shall have any rights in the Partnership as an assignee or otherwise with respect to all or any part of that Partnership interest attempted to be sold, assigned, transferred, mortgaged, encumbered, or otherwise disposed of, unless and to the extent that the remaining Partner(s) have given consent to such sale, assignment, transfer, mortgage, or encumbrance, but only if the transferee forthwith assumes and agrees to be bound by the provisions of this Agreement and to become a Partner for all purposes hereof, in which event, such transferee shall become a substituted partner under this Agreement.","Partnership Agreement","https://templates.business-in-a-box.com/imgs/1000px/partnership-agreement-D12551.png","https://templates.business-in-a-box.com/imgs/250px/12551.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12551.xml",{"title":172,"description":6},"partnership agreement",[174,175],{"label":36,"url":101},{"label":176,"url":177},"Partnership Agreements","partnership-agreement","/template/partnership-agreement-D12551",false,{"seo":181,"reviewer":193,"quick_facts":197,"at_a_glance":200,"personas":204,"variants":229,"glossary":254,"clauses":291,"how_to_fill":342,"common_mistakes":383,"faqs":408,"industries":436,"comparisons":461,"diy_vs_lawyer":477,"jurisdictions":490,"related_template_ids_curated":511,"schema":524,"classification":525},{"meta_title":182,"meta_description":183,"primary_keyword":184,"secondary_keywords":185},"Mediation and Arbitration Agreement Template (Free Word)","Free mediation and arbitration agreement template for resolving business disputes without litigation. Used in 190+ countries. Free Word and PDF download.","mediation and arbitration agreement template",[186,187,188,189,190,191,192],"arbitration agreement template","mediation agreement template","dispute resolution agreement template","binding arbitration agreement template","alternative dispute resolution agreement","arbitration clause template","mediation and arbitration agreement free download",{"name":194,"credential":195,"reviewed_date":196},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":198,"legal_review_recommended":199,"signature_required":199},"advanced",true,{"what_it_is":201,"when_you_need_it":202,"whats_inside":203},"A Mediation and Arbitration Agreement is a legally binding contract in which two or more parties agree to resolve disputes outside of court — first through facilitated mediation, and, if unresolved, through binding arbitration. This free Word download gives you a structured, attorney-informed starting point you can edit online and export as PDF for use in commercial, employment, or partnership contexts.\n","Use it when entering a significant business relationship — vendor contracts, partnerships, employment agreements, or client service agreements — where you want a defined, cost-controlled path for resolving disputes before they escalate to litigation. It is also used to settle the dispute-resolution process after a disagreement has already arisen.\n","Scope of covered disputes, mandatory mediation procedure and timelines, binding arbitration rules and governing body, arbitrator selection process, confidentiality obligations, allocation of fees and costs, waiver of class action, and governing law and enforcement provisions.\n",[205,209,213,217,221,225],{"title":206,"use_case":207,"icon_asset_id":208},"Small business owners","Adding a dispute-resolution clause to vendor or client service contracts","persona-small-business-owner",{"title":210,"use_case":211,"icon_asset_id":212},"HR managers","Requiring employees to agree to arbitration as part of the onboarding process","persona-hr-manager",{"title":214,"use_case":215,"icon_asset_id":216},"Business partners","Establishing a binding process to resolve partnership or shareholder disputes","persona-business-partner",{"title":218,"use_case":219,"icon_asset_id":220},"Startup founders","Protecting the company from costly litigation in early-stage commercial relationships","persona-startup-founder",{"title":222,"use_case":223,"icon_asset_id":224},"Real estate professionals","Resolving landlord-tenant or buyer-seller disputes without court proceedings","persona-real-estate-professional",{"title":226,"use_case":227,"icon_asset_id":228},"Operations directors","Standardizing dispute-resolution terms across a portfolio of supplier agreements","persona-operations-director",[230,234,238,241,245,248,251],{"situation":231,"recommended_template":232,"slug":233},"Resolving a dispute that has already arisen between two parties","Mediation and Arbitration Agreement (Post-Dispute)","mediation-and-arbitration-agreement-D676",{"situation":235,"recommended_template":236,"slug":237},"Embedding dispute resolution terms inside a broader commercial contract","Arbitration Clause (standalone addendum)","arbitration-agreement-D856",{"situation":239,"recommended_template":240,"slug":237},"Resolving an employment dispute between employer and employee","Employment Arbitration Agreement",{"situation":242,"recommended_template":243,"slug":244},"Settling a dispute between business partners or co-founders","Partnership Dispute Resolution Agreement","dispute-resolution-agreement-D13655",{"situation":246,"recommended_template":247,"slug":237},"Resolving a consumer-facing dispute under a service or purchase agreement","Consumer Arbitration Agreement",{"situation":249,"recommended_template":250,"slug":244},"Mediating a construction or contractor payment dispute","Construction Dispute Resolution Agreement",{"situation":252,"recommended_template":253,"slug":237},"Resolving an intellectual property ownership or licensing dispute","IP Dispute Arbitration Agreement",[255,258,261,264,267,270,273,276,279,282,285,288],{"term":256,"definition":257},"Mediation","A voluntary, non-binding process in which a neutral third-party mediator helps disputing parties reach a mutually acceptable settlement.",{"term":259,"definition":260},"Arbitration","A binding private adjudication process in which a neutral arbitrator or panel hears evidence and issues a final, enforceable award.",{"term":262,"definition":263},"Binding Arbitration","Arbitration in which both parties agree in advance to accept the arbitrator's decision as final, with limited rights to appeal in court.",{"term":265,"definition":266},"Arbitral Award","The final written decision issued by the arbitrator, which can typically be confirmed and enforced by a court as a judgment.",{"term":268,"definition":269},"Arbitral Institution","An organization such as the AAA, JAMS, ICC, or LCIA that administers arbitration proceedings under its own procedural rules.",{"term":271,"definition":272},"Class Action Waiver","A clause in which each party agrees to resolve disputes only on an individual basis, forfeiting the right to participate in class or collective proceedings.",{"term":274,"definition":275},"Scope of Disputes","The defined range of claims or controversies covered by the agreement — typically all disputes arising out of or relating to the underlying contract.",{"term":277,"definition":278},"Governing Rules","The procedural framework — such as AAA Commercial Arbitration Rules or JAMS Comprehensive Rules — that dictates how the arbitration process is conducted.",{"term":280,"definition":281},"Seat of Arbitration","The legal jurisdiction in which the arbitration is formally based, determining which national courts have supervisory authority over the proceedings.",{"term":283,"definition":284},"Confidentiality Obligation","A contractual duty binding both parties and the arbitrator to keep all proceedings, submissions, and awards private and not disclose them to third parties.",{"term":286,"definition":287},"Fee-Shifting","A provision that assigns responsibility for paying arbitration costs — administrative fees, arbitrator compensation, and legal fees — to one or both parties.",{"term":289,"definition":290},"Demand for Arbitration","A formal written notice one party sends to the other and to the arbitral institution to initiate the arbitration process after mediation has failed or been waived.",[292,297,302,307,312,317,322,327,332,337],{"name":293,"plain_english":294,"sample_language":295,"common_mistake":296},"Parties and recitals","Identifies the full legal names of all parties to the agreement and summarizes the underlying relationship or contract that may give rise to disputes.","This Mediation and Arbitration Agreement ('Agreement') is entered into as of [DATE] between [PARTY A LEGAL NAME], a [STATE] [ENTITY TYPE] ('Company'), and [PARTY B LEGAL NAME], a [STATE] [ENTITY TYPE] ('Counterparty'), in connection with [DESCRIPTION OF UNDERLYING RELATIONSHIP].","Using trade names instead of registered legal entity names — if enforcement becomes necessary, misidentified parties create grounds to challenge the award.",{"name":298,"plain_english":299,"sample_language":300,"common_mistake":301},"Scope of covered disputes","Defines which claims, controversies, and disputes are subject to the mediation and arbitration process — typically drafted broadly to cover all claims arising out of or relating to the parties' relationship.","Any and all disputes, claims, or controversies arising out of or relating to this Agreement or the parties' underlying relationship, including claims sounding in contract, tort, statute, or equity, shall be resolved exclusively pursuant to this Agreement.","Drafting the scope too narrowly, so that tort claims or statutory claims fall outside it — courts then split proceedings between arbitration and litigation, multiplying cost and delay.",{"name":303,"plain_english":304,"sample_language":305,"common_mistake":306},"Mandatory mediation step","Requires the parties to attempt good-faith mediation with a neutral mediator before initiating arbitration, with a defined timeline and mediator-selection process.","Before initiating arbitration, the parties shall engage in good-faith mediation administered by [MEDIATION BODY / AGREED MEDIATOR] within [30] days of a written notice of dispute. Mediation costs shall be shared equally unless otherwise agreed.","Setting no deadline for the mediation step — without a time limit, one party can stall the mediation process indefinitely to delay binding arbitration.",{"name":308,"plain_english":309,"sample_language":310,"common_mistake":311},"Arbitration procedure and governing rules","Specifies the arbitral institution, the procedural rules that will govern the proceedings, and the seat and language of arbitration.","If the dispute is not resolved through mediation within [45] days of the mediator's appointment, either party may submit a Demand for Arbitration to [AAA / JAMS / ICC]. The arbitration shall be conducted in accordance with [AAA Commercial Arbitration Rules] in effect at the time, with proceedings in [CITY, STATE] in the English language.","Failing to specify the governing rules and institution — leaving the procedure undefined forces parties to negotiate process under pressure, or invites a court to determine it.",{"name":313,"plain_english":314,"sample_language":315,"common_mistake":316},"Arbitrator selection","Sets out how the arbitrator or panel is chosen — number of arbitrators, qualification requirements, selection method, and challenge procedure.","Disputes shall be decided by a single arbitrator with at least [10] years of experience in [RELEVANT FIELD]. The arbitrator shall be selected by mutual agreement within [15] days of the Demand for Arbitration; failing agreement, [INSTITUTION] shall appoint the arbitrator under its rules.","Requiring unanimous agreement on the arbitrator with no fallback mechanism — when parties cannot agree, the entire process stalls and requires court intervention to appoint.",{"name":318,"plain_english":319,"sample_language":320,"common_mistake":321},"Confidentiality","Obligates all parties, counsel, witnesses, and the arbitrator to keep the existence, proceedings, evidence, and outcome of the dispute confidential.","All aspects of the mediation and arbitration proceedings, including the existence of the dispute, submissions, testimony, and the arbitral award, shall be kept strictly confidential by all participants and shall not be disclosed to any third party without prior written consent.","No confidentiality clause at all — without it, either party can publicize the proceedings or the award, eliminating one of the key advantages of private dispute resolution.",{"name":323,"plain_english":324,"sample_language":325,"common_mistake":326},"Allocation of fees and costs","Addresses who pays the arbitral institution's administrative fees, the arbitrator's compensation, and each party's own legal fees — either following the default rules of the institution or a customized allocation.","Arbitration filing and administrative fees shall be allocated in accordance with [INSTITUTION] rules. The arbitrator may, in the award, allocate the costs of arbitration and reasonable attorneys' fees to the prevailing party if the arbitrator finds the losing party's claim or defense was frivolous or brought in bad faith.","Requiring the claimant to pay all upfront fees without a cost-sharing or income-based waiver — courts have voided arbitration clauses that make the process prohibitively expensive for one party to pursue.",{"name":328,"plain_english":329,"sample_language":330,"common_mistake":331},"Class action and collective proceeding waiver","Each party waives the right to bring or participate in class, collective, or representative proceedings and agrees to resolve disputes only on an individual basis.","Each party waives any right to bring or participate in any class, collective, consolidated, or representative action. All disputes shall be arbitrated on an individual basis only. The arbitrator has no authority to consolidate proceedings or award class-wide relief.","Using a class waiver in an employment or consumer context without checking jurisdiction-specific enforceability — California courts and the NLRA impose significant restrictions on class waivers in employment agreements.",{"name":333,"plain_english":334,"sample_language":335,"common_mistake":336},"Arbitral award and enforcement","Confirms that the arbitrator's decision is final and binding, may be entered as a judgment in any court of competent jurisdiction, and is subject to only limited grounds of appeal.","The arbitral award shall be final and binding upon the parties. Judgment upon the award may be entered in any court having jurisdiction. The award shall not be subject to appeal except on the grounds set out in the [Federal Arbitration Act / applicable statute].","Adding a broad right to appeal the award in court — this effectively converts arbitration back into litigation and eliminates finality, the agreement's central value.",{"name":338,"plain_english":339,"sample_language":340,"common_mistake":341},"Governing law and severability","Specifies which jurisdiction's substantive law applies to the merits of disputes and confirms that if any provision is unenforceable, the rest of the agreement remains in effect.","This Agreement and any arbitration hereunder shall be governed by the laws of [STATE / COUNTRY], without regard to conflict-of-laws principles. If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.","Choosing a governing law with no connection to where either party operates or the relationship was formed — courts in the actual jurisdiction may refuse to enforce foreign-law choices on public-policy grounds.",[343,348,353,358,363,368,373,378],{"step":344,"title":345,"description":346,"tip":347},1,"Identify the parties by their registered legal names","Enter the full registered legal name, entity type (LLC, Corp, LP), and state or country of formation for each party. Include the name of an authorized signatory for each side.","Cross-reference the secretary of state filing to confirm the exact legal entity name before signing — mismatches are the most common reason enforcement is contested.",{"step":349,"title":350,"description":351,"tip":352},2,"Define the scope of covered disputes","Decide whether the agreement covers all disputes arising from your relationship or only specific categories (e.g., payment disputes, IP disputes). Broad scope language ('arising out of or relating to') is generally more protective for both parties.","If the underlying contract already exists, reference it explicitly by name and date in the scope clause to tie the two documents together.",{"step":354,"title":355,"description":356,"tip":357},3,"Set the mediation timeline and mediator-selection process","Choose a mediator (individual or institution), set the notice-to-mediation trigger period (typically 15–30 days from written notice), and state how costs are shared. Confirm that the mediator has no conflicts with either party.","A 30-day mediation window with a hard deadline keeps the pre-arbitration step from becoming an indefinite stall tactic.",{"step":359,"title":360,"description":361,"tip":362},4,"Select the arbitral institution and governing rules","Choose AAA, JAMS, ICC, or another recognized institution. Reference the specific ruleset by name — e.g., 'AAA Commercial Arbitration Rules in effect as of the date of the Demand.' Specify the seat city and language of proceedings.","AAA and JAMS are the most recognized institutions for US domestic disputes; ICC is standard for international commercial relationships.",{"step":364,"title":365,"description":366,"tip":367},5,"Specify the number and qualifications of arbitrators","For disputes under $250K, a single arbitrator is typical and faster. For disputes above $1M or involving complex technical issues, a three-person panel is more defensible. State the minimum years of experience or subject-matter expertise required.","Including a fallback appointment mechanism (e.g., institution appoints if parties cannot agree within 15 days) prevents the process from stalling at selection.",{"step":369,"title":370,"description":371,"tip":372},6,"Customize the fee allocation and cost-sharing terms","State whether the institution's default fee schedule applies or whether you are modifying it. Consider a fee-shifting provision for frivolous claims. Confirm that the cost structure does not make the process prohibitively expensive for either party.","For employment agreements, fee-shifting provisions that require employees to pay arbitration costs are regularly voided by courts — use cost-sharing or employer-pays defaults in that context.",{"step":374,"title":375,"description":376,"tip":377},7,"Add a confidentiality clause and class waiver","Include explicit confidentiality language covering proceedings, submissions, and the award. Add a class and collective action waiver if appropriate for the relationship type, after confirming it is enforceable in the governing jurisdiction.","In California, class waivers in employment arbitration agreements face significant enforceability hurdles — review current case law or consult counsel before including one.",{"step":379,"title":380,"description":381,"tip":382},8,"Execute before the underlying relationship begins","Both parties must sign before or at the same time as the underlying contract or employment start date. Post-execution signatures on a pre-existing relationship may lack consideration in some jurisdictions.","Use Business in a Box eSign to timestamp execution and create a timestamped, tamper-evident record of both parties' signatures.",[384,388,392,396,400,404],{"mistake":385,"why_it_matters":386,"fix":387},"Drafting the scope clause too narrowly","A scope limited to 'contract disputes' leaves tort, fraud, and statutory claims outside the agreement — courts then split proceedings between arbitration and litigation, doubling the cost and timeline.","Use the standard broad formulation: 'any and all disputes arising out of or relating to this Agreement or the parties' relationship, including claims in contract, tort, equity, or statute.'",{"mistake":389,"why_it_matters":390,"fix":391},"No deadline on the mediation step","Without a defined deadline, either party can drag out the mediation phase indefinitely to delay binding resolution, particularly when litigation is filed in parallel.","Set a fixed period — typically 30–45 days from the mediator's appointment — after which either party may file a Demand for Arbitration regardless of mediation outcome.",{"mistake":393,"why_it_matters":394,"fix":395},"Omitting the arbitral institution and governing rules","An agreement that says 'disputes shall be arbitrated' without naming an institution or ruleset is procedurally incomplete — courts have refused to enforce or have had to fill in the blanks themselves.","Name a specific institution (AAA, JAMS, ICC) and reference the applicable ruleset by full name and version in the arbitration procedure clause.",{"mistake":397,"why_it_matters":398,"fix":399},"Including a broad appeal right in the arbitration award clause","Permitting either party to appeal the award in court on the merits converts the process into a two-stage litigation, eliminating the finality and cost savings arbitration is designed to provide.","Limit appeal rights to the narrow statutory grounds under the Federal Arbitration Act or applicable statute (fraud, arbitrator misconduct, excess of authority) — and state this explicitly.",{"mistake":401,"why_it_matters":402,"fix":403},"Using a class action waiver in an employment agreement without jurisdiction review","California courts and the NLRB have restricted or voided class waivers in employment arbitration agreements. An unenforceable waiver can render the entire arbitration clause void in some jurisdictions.","Consult an employment lawyer before adding a class waiver to any employment-context arbitration agreement. Include a severability clause so the waiver's invalidity does not void the entire agreement.",{"mistake":405,"why_it_matters":406,"fix":407},"Signing the agreement after the underlying contract or employment relationship has already started","In common-law jurisdictions, adding an arbitration agreement to an existing relationship without providing fresh consideration may render the arbitration clause unenforceable — particularly for restrictive provisions like class waivers.","Execute the mediation and arbitration agreement simultaneously with the underlying contract, or provide documented additional consideration (pay increase, signing bonus, or new contract term) if added later.",[409,412,415,418,421,424,427,430,433],{"question":410,"answer":411},"What is a mediation and arbitration agreement?","A mediation and arbitration agreement is a contract in which two or more parties agree to resolve disputes through a two-step private process — first attempting facilitated mediation, then submitting unresolved claims to binding arbitration — rather than filing a lawsuit in court. It is typically signed at the start of a business relationship and applies to all disputes arising from that relationship.\n",{"question":413,"answer":414},"What is the difference between mediation and arbitration?","Mediation is a facilitated negotiation where a neutral third party helps the parties reach a voluntary settlement — the mediator has no power to impose a result. Arbitration is a private adjudication in which a neutral arbitrator hears evidence and issues a binding final decision, similar to a judge but outside the court system. Most combined agreements require mediation first; if it fails, arbitration follows as the binding final step.\n",{"question":416,"answer":417},"Is a mediation and arbitration agreement legally binding?","Yes, a properly executed mediation and arbitration agreement is generally enforceable as a contract in most jurisdictions. In the United States, the Federal Arbitration Act strongly favors enforcement of written arbitration agreements. Courts will typically compel arbitration if a valid agreement exists and the dispute falls within its scope. Certain provisions — such as class waivers in employment contexts — may be unenforceable in specific jurisdictions, so consider legal review for sensitive applications.\n",{"question":419,"answer":420},"Can I be forced to arbitrate if I signed one of these agreements?","Yes. If a valid mediation and arbitration agreement covers the dispute and one party files a lawsuit instead, the other party can file a motion to compel arbitration. Courts in jurisdictions governed by the Federal Arbitration Act (US) or the New York Convention (international) will generally grant that motion and stay or dismiss the court proceedings. This is one of the agreement's primary functions — it removes disputes from the public court system.\n",{"question":422,"answer":423},"What disputes can a mediation and arbitration agreement cover?","Most commercial disputes can be covered: contract breaches, payment disputes, IP ownership claims, service quality disagreements, partnership conflicts, and employment disputes. Certain claims may be excluded by law or public policy — for example, some jurisdictions prohibit arbitrating sexual harassment claims under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (US, 2022). Criminal matters cannot be arbitrated. Define scope broadly but review jurisdiction-specific exclusions.\n",{"question":425,"answer":426},"What arbitration institution should I choose — AAA, JAMS, or ICC?","For domestic US commercial disputes, AAA (American Arbitration Association) and JAMS are both widely recognized and routinely enforced. AAA is generally less expensive for smaller disputes; JAMS is preferred for high-value or complex commercial matters. ICC (International Chamber of Commerce) is the standard choice for cross-border commercial relationships. Name the institution and cite its specific ruleset in the agreement — an unnamed institution forces parties to negotiate procedure after a dispute arises.\n",{"question":428,"answer":429},"Does the agreement need to be signed by both parties to be enforceable?","Yes. A mediation and arbitration agreement is a bilateral contract and requires signatures from all parties to be enforceable. In employment contexts, some jurisdictions also require the employer to provide the employee with a reasonable opportunity to review the agreement before signing. Using a timestamped eSign platform creates an auditable record of when each party signed, which is important if enforceability is later challenged.\n",{"question":431,"answer":432},"Can a mediation and arbitration agreement be added to an existing contract?","Yes, typically as a signed addendum or amendment that is incorporated by reference into the original agreement. In common-law jurisdictions, amending an existing contract requires fresh consideration — something of value exchanged by both parties — to be enforceable. Adding the addendum at the time of a contract renewal, pay increase, or new scope of work satisfies this requirement in most cases.\n",{"question":434,"answer":435},"What happens if the arbitration clause is found to be unenforceable?","If a court finds an arbitration clause unenforceable — due to unconscionability, lack of consideration, or a statutory prohibition — the dispute reverts to court. A well-drafted severability clause limits the damage: it ensures that only the invalid provision is struck, not the entire agreement. Some agreements also include a fallback provision specifying that if arbitration is unavailable, disputes will be heard in a designated court in the governing jurisdiction.\n",[437,441,445,449,453,457],{"industry":438,"icon_asset_id":439,"specifics":440},"Technology / SaaS","industry-saas","IP ownership disputes, SLA breach claims, and software licensing disagreements are commonly arbitrated to keep proceedings confidential and technically specialized.",{"industry":442,"icon_asset_id":443,"specifics":444},"Construction and Real Estate","industry-construction","Payment disputes, defect claims, and contractor scope disagreements benefit from arbitrators with construction expertise and faster timelines than overburdened civil courts.",{"industry":446,"icon_asset_id":447,"specifics":448},"Professional Services","industry-professional-services","Consulting fee disputes, scope-of-work disagreements, and professional liability claims are routinely resolved through arbitration to maintain confidentiality and preserve client relationships.",{"industry":450,"icon_asset_id":451,"specifics":452},"Financial Services","industry-fintech","FINRA mandates arbitration for broker-dealer disputes; commercial lenders and fintech platforms use arbitration agreements to manage credit disputes and regulatory exposure efficiently.",{"industry":454,"icon_asset_id":455,"specifics":456},"Healthcare","industry-healthtech","Vendor and supplier payment disputes, licensing agreement conflicts, and administrative service disagreements are commonly arbitrated, though patient-care claims face enforceability restrictions in many states.",{"industry":458,"icon_asset_id":459,"specifics":460},"Manufacturing and Supply Chain","industry-manufacturing","Cross-border supplier disputes benefit from ICC or UNCITRAL arbitration, which provides neutral, internationally recognized enforcement under the New York Convention.",[462,466,470,474],{"vs":463,"vs_template_id":464,"summary":465},"Litigation (court proceedings)","D{LITIGATION_PLACEHOLDER_ID}","Litigation is a public court process with formal discovery, jury or bench trials, and broad appeal rights — typically taking 2–5 years and costing significantly more than arbitration. A mediation and arbitration agreement is designed to replace litigation with a faster, private, and generally less expensive process. For high-stakes disputes where public precedent or extensive discovery matters, litigation may be preferable; for most commercial disputes, arbitration is faster and cheaper.",{"vs":467,"vs_template_id":468,"summary":469},"Arbitration Agreement (standalone)","D{ARBITRATION_STANDALONE_PLACEHOLDER_ID}","A standalone arbitration agreement skips the mandatory mediation step and proceeds directly to binding arbitration when a dispute arises. A combined mediation and arbitration agreement requires a good-faith mediation attempt first, which resolves a meaningful proportion of disputes before incurring the full cost of arbitration. Use the combined format when preserving the business relationship matters; use standalone arbitration when speed and finality are the top priorities.",{"vs":471,"vs_template_id":472,"summary":473},"Dispute Resolution Clause (embedded in a contract)","D{DISPUTE_CLAUSE_PLACEHOLDER_ID}","An embedded dispute resolution clause is a single section within a broader contract — it provides basic coverage but typically lacks the procedural detail of a standalone agreement. A standalone mediation and arbitration agreement covers the process in full, is easier to enforce, and can apply across multiple contracts between the same parties. For any relationship involving repeated or high-value transactions, a standalone agreement is more reliable than a single embedded clause.",{"vs":92,"vs_template_id":475,"summary":476},"settlement-agreement-D8905","A settlement agreement resolves a specific, already-identified dispute — it is the output of a successful negotiation or mediation, not the process for reaching it. A mediation and arbitration agreement establishes the process parties must follow before any specific dispute is resolved. The two documents operate at different stages: the mediation and arbitration agreement comes first (at contract signing); the settlement agreement comes last (when a specific dispute is closed).",{"use_template":478,"template_plus_review":482,"custom_drafted":486},{"best_for":479,"cost":480,"time":481},"Standard commercial agreements between businesses of similar size, with domestic US disputes and no employment context","Free","30–45 minutes",{"best_for":483,"cost":484,"time":485},"Employment arbitration agreements, consumer-facing clauses, cross-border relationships, or any agreement where class waiver enforceability matters","$400–$800","2–5 days",{"best_for":487,"cost":488,"time":489},"High-value commercial relationships over $1M, multi-party international contracts, regulated industries, or situations where prior arbitration awards need to be incorporated","$1,500–$5,000+","1–3 weeks",[491,496,501,506],{"code":492,"name":493,"flag_asset_id":494,"note":495},"us","United States","flag-us","The Federal Arbitration Act (FAA) governs most commercial and employment arbitration agreements and strongly favors enforcement. Courts apply a pro-arbitration presumption when scope disputes arise. Key exceptions include claims under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (2022), which invalidates pre-dispute arbitration clauses for those claims. California imposes additional restrictions on consumer and employment arbitration, including cost-neutrality requirements and prohibitions on certain class waivers.",{"code":497,"name":498,"flag_asset_id":499,"note":500},"ca","Canada","flag-ca","Arbitration in Canada is governed provincially — the Commercial Arbitration Act applies in most provinces for domestic commercial disputes, while the International Commercial Arbitration Act applies to cross-border matters. Ontario's Arbitration Act requires that the agreement be in writing and that parties receive a reasonable opportunity to obtain legal advice before signing. Quebec follows a civil law framework under the Code of Civil Procedure, with distinct procedural requirements. Arbitral awards are enforceable as court judgments in all provinces.",{"code":502,"name":503,"flag_asset_id":504,"note":505},"uk","United Kingdom","flag-uk","The Arbitration Act 1996 governs arbitration in England, Wales, and Northern Ireland; Scotland has its own framework under the Arbitration (Scotland) Act 2010. UK courts are generally supportive of arbitration agreements and will grant a stay of proceedings in favor of arbitration when a valid clause exists. The UK is a signatory to the New York Convention, making awards internationally enforceable. Consumer arbitration agreements are subject to additional scrutiny under the Consumer Rights Act 2015 and may be unenforceable if considered unfair.",{"code":507,"name":508,"flag_asset_id":509,"note":510},"eu","European Union","flag-eu","EU member states are individually party to the New York Convention, enabling enforcement of arbitral awards across borders. The Rome I Regulation governs the choice-of-law clause in commercial contracts, and parties generally have freedom to select any national law as governing law. Consumer arbitration agreements receive heightened scrutiny under the EU Unfair Contract Terms Directive — mandatory arbitration clauses in B2C contracts are frequently held unenforceable. GDPR applies to any personal data processed during arbitration proceedings, including submissions and evidence.",[512,513,514,515,516,517,518,519,520,521,522,523],"settlement-agreement-D916","non-disclosure-agreement-nda-D12692","independent-contractor-agreement-D160","employment-agreement_at-will-employee-D541","service-agreement-D12711","partnership-agreement-D12551","general-release-and-settlement-agreement-D12554","cease-and-desist-letter-D12916","letter-of-intent_acquisition-of-business-D5197","vendor-agreement-D13292","consulting-agreement---long-D12543","mutual-termination-of-contract-D513",{"emit_how_to":199,"emit_defined_term":199},{"primary_folder":101,"secondary_folder":526,"document_type":527,"industry":528,"business_stage":529,"tags":530,"confidence":536},"transfers-terminations-and-releases","agreement","general","all-stages",[531,532,533,534,535],"legal","contract","mediation","arbitration","dispute-resolution",0.92,"\u003Ch2>What is a Mediation and Arbitration Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Mediation and Arbitration Agreement\u003C/strong> is a legally binding contract in which two or more parties agree to resolve future or existing disputes through a structured private process — first through facilitated mediation with a neutral third party, and, if that fails, through binding arbitration before a qualified arbitrator whose decision is final and enforceable as a court judgment. Rather than filing a lawsuit, both parties commit at the outset to a defined, cost-controlled pathway that keeps disputes confidential, resolves them faster than litigation, and gives both sides more control over who decides the outcome. The agreement covers which disputes are included, how the mediator and arbitrator are selected, which institution's procedural rules apply, how costs are shared, and what rights — if any — either party retains to appeal.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a mediation and arbitration agreement, any commercial dispute defaults to the public court system — where the average business lawsuit in the United States takes two to four years to resolve, costs tens of thousands of dollars in legal fees before trial, and exposes all proceedings and filings to public record. For businesses, partnerships, and employment relationships, that exposure is often more damaging than the underlying dispute. A signed mediation and arbitration agreement locks in a faster and private alternative before any conflict arises, when both parties are still aligned on process. It also eliminates the strategic leverage that comes from threatening expensive litigation — a tactic routinely used to extract unfair settlements from smaller counterparties. This template gives you a complete, attorney-informed starting point that covers every procedural element courts look for when deciding whether to enforce an arbitration clause, saving you from the most common drafting pitfalls that result in clauses being voided at exactly the moment you need them most.\u003C/p>\n",1781186029902]