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The Mutual Agreement to Arbitrate Claims as a Condition of Employment is designed for Canadian employers seeking to establish a clear, efficient, and cost-effective dispute resolution mechanism with their employees. This agreement is typically implemented during the hiring process or as part of employment policy updates, ensuring that both parties agree to resolve eligible employment-related disputes through arbitration rather than litigation. The document reflects Canadian federal and provincial legal requirements, including employment standards, human rights legislation, and privacy laws. It includes essential provisions for arbitrator selection, cost allocation, procedural guidelines, and specifies both covered and excluded claims. The agreement aims to provide a fair and accessible dispute resolution process while maintaining confidentiality and reducing the time and expenses associated with traditional litigation.

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: States the context and purpose of the agreement, including that it's a condition of employment

3. Definitions: Defines key terms used throughout the agreement including 'Claim', 'Dispute', 'Arbitration', etc.

4. Mutual Agreement to Arbitrate: Core provision establishing mutual commitment to resolve disputes through arbitration

5. Covered Claims: Specifies which types of disputes and claims are subject to arbitration

6. Excluded Claims: Clearly identifies claims that are not subject to arbitration

7. Arbitration Procedures: Details the process for initiating and conducting arbitration

8. Selection of Arbitrator: Process for choosing an arbitrator and required qualifications

9. Cost and Fees: Allocation of arbitration costs between parties

10. Discovery and Evidence: Rules regarding information exchange and evidence presentation

11. Confidentiality: Requirements for maintaining confidentiality of arbitration proceedings

12. Relief and Awards: Types of relief available and enforcement of arbitration awards

13. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable

14. Acknowledgment: Employee acknowledgment of understanding and voluntary agreement

15. Governing Law: Specifies applicable Canadian law and jurisdiction