Information About Mediation and Arbitration
What is Mediation?
Mediation is a process of dispute resolution in which an impartial third party – a mediator – intervenes in a dispute with the consent of the disputing parties and assists them in negotiating a consensual and informed agreement. The role of the mediator involves assisting the disputants in defining and clarifying issues, reducing obstacles to communication, exploring possible solutions, and reaching a mutually satisfactory agreement.
What is Arbitration?
Arbitration is a process where disputing parties submit their disputes to a private, neutral third party who renders a final decision. The arbitrator generally relies on the rule of a third party arbitration administrator, such as the American Arbitration Association (hereinafter “AAA”), when resolving legal disputes. To commence an arbitration proceeding, the aggrieved party completes an arbitration form, files it with the appropriate arbitration administrator and pays the appropriate filing fee (if any). The arbitration administrator acts as a “private” court by maintaining a list of arbitrators (often referred to as a panel) and requiring all parties to follow a “code of procedure” or rules.
AAA’s Employment Mediation Procedures and Arbitration Rules may be found by visiting www.adr.org/employment. Information about arbitration and mediation may also be obtained at any AAA office or by mail at 1633 Broadway, 10th Floor New York, New York 10019 or by toll-free number at (800) 778-7879.
Epsilon Systems encourages you to educate yourself further about pros and cons of the mediation and arbitration process.
We seek your voluntary agreement to arbitrate in the event that a dispute arises between you and us. Similarly, Employer would be agreeing to arbitrate any dispute it might have with you. You are not required as a condition of employment to sign the Mediation/Arbitration Agreement. You have an unequivocal right to revoke the Mediation/Arbitration Agreement by informing either the HR Department or your Supervisor in writing within thirty (30) days of signing it. Neither your current nor future employment relations (retribution, retaliation, etc.) with Employer will be adversely impacted if you elect not to sign the Mediation/Arbitration Agreement.
If you sign the Mediation/Arbitration Agreement and do not revoke it, then the Mediation/Arbitration Agreement will be a binding agreement between you and Employer to arbitrate all disputes between us. If you sign the Mediation/Arbitration Agreement and do not revoke it, Employer and you waive our right to commence, be a party to, or class member of, any court action, arbitration, or similar proceeding against the other party. If you sign the Mediation/Arbitration Agreement and do not revoke it, Employer and you are giving up any right to sue each other in court and have our case decided by a judge or jury.
Nothing in the Mediation/Arbitration Agreement is intended to discourage or interfere with your legally protected right to file administrative claims (workers compensation, unemployment, etc.) or charges with government agencies. Such agencies include, but are not limited to, the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Policies (OFCCP), and related state fair employment referral agencies.