Pennsylvania Arbitration Agreement for Employees

State:
Multi-State
Control #:
US-00416-1-1
Format:
Word; 
Rich Text
Instant download

Description

This arbitration agreement is executed contemporaneously with, and as an Inducement and consideration for, an Installment or sales contract for the purchase of a manufactured home. It provides that all claims or disputes arising out of or relating in any way to the sale, purchase, or occupancy of manufactured home resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. This Agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. The parties waive any right to a court trial.
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FAQ

Bad. This question is often debated among attorneys, judges and arbitrators. Judges like arbitration because they're chronically overworked.

In AAA arbitration, each party pays his own attorney fees, plus significant filing fees and arbitrator fees shared between the parties, ranging from 8K to 20K or more, typically, to fully litigate a case.

While it has been held that arbitration agreements do not divest a court of jurisdiction, such agreements are binding upon the parties and will be enforced absent proof of duress, fraud or unconscionability.

Employers can cite several factors suggesting that arbitration is a fair way to resolve employment disputes: Arbitration has been widely used to resolve disputes in unionized workforces for more than 70 years. Arbitration is often faster than litigation. Employees may not realize that litigation often takes years.

In such cases, arbitration will almost always favor the defendant employer. Nearly every attorney who represents working people in employment cases will agree that arbitration agreements are not the best choice for employee plaintiffs.

Arbitration is considered more efficient, cheaper, and faster by employers, but often employee rights are left behind. Arbitrators often side with employees, and may not take your rights as seriously as would a California court.

When parties choose to arbitrate, they hire an arbitrator to make decisions in their case. The parties can agree to binding or non-binding arbitration. The parties can decide the degree of formality that they want to follow with regard to presentation of witnesses and exhibits.

Mandatory arbitration is a contractual provision found in many employment contracts. It allows employees and employers to resolve disputes swiftly and cost-effectively. However, mandatory arbitration also contractually prevents workers from pursuing resolutions through the courts.

Program Cost There is a small administrative fee of $150 for PBA members and $250 for non-PBA members plus a modest daily fee for the mediator or arbitrator, which is usually shared by the parties. A fee schedule is available from the PBA.

Many experts have concluded that employees who arbitrate their claims obtain results that, on average, are as good or better than the results obtained by employees who litigate.

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Pennsylvania Arbitration Agreement for Employees