Mandatory Mediation and Arbitration Procedure
Although Chester County Home Care DBA Visiting Angels hopes that employment disputes with its employees will not occur, Visiting Angels believes that when these disputes do arise, it is in the mutual interest of all concerned to handle them promptly and with a minimum of disturbance to the operations of Visiting Angels businesses in the lives of its employees.
Accordingly, to provide for more expeditious resolution of certain employment related disputes that may arise between Visiting Angels and its employees, Visiting Angels has instituted a mandatory mediation and arbitration process (the Visiting Angels Mediation and Arbitration Procedure or the Procedure) for all employees. Under the Procedure, certain disputes that may arise from your employment with Visiting Angels or the termination of your employment must (after appropriate attempts to resolve your dispute internally through Visiting Angels management channels) be submitted for resolution by non-binding mediation and, if necessary, mandatory arbitration.
In agreeing to submit certain employment disputes for resolution by private mediation and (if necessary) arbitration, you acknowledge that this Agreement is given in exchange for rights to which you are not otherwise entitled -- namely, your employment as an Visiting Angels employee and the more expeditious resolution of employment disputes. In exchange for your agreement to submit these disputes to mediation and (if necessary) binding arbitration, Visiting Angels likewise agrees To the use of mediation and arbitration as exclusive form for resolving employment disputes covered by this Agreement.
Hence the parties shall be precluded from bringing or raising in court or another form any dispute that was or could have been brought or raised under the procedure set forth in this Agreement.
The Visiting Angels Mediation and Arbitration Procedure
1. as a condition of your employment at Visiting Angels, you agree that any controversy or claim arising out of or relating to your employment relationship with Visiting Angels or the termination of that relationship, must be submitted for non-binding mediation before third-party neutral and (if necessary) for final and binding resolution by a private and impartial arbitrator, to be jointly selected by you and Visiting Angels.
a. Claims Covered: this agreement to submit to mediation and (if necessary) arbitration:
i. Covers any dispute concerning the arbitrability of any such controversy or claim; and
ii. includes, but is not limited to, any claim that could be asserted in court or before an administrative agency or claims for which the employee has an alleged cause of action, including without limitation claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, discrimination based on sex, pregnancy, race, national or ethnic origin, age, religion, creed, marital status, sexual orientation, mental or physical disability or medical condition or other characteristics protected by statute); claims for wrongful discharge; violations of the Family and Medical Leave Act (FMLA); violations of confidentiality or breaches of trade secrets; and/or claims for violation of any federal, state or other governmental law, statute, regulation or ordinance, and whetherbased on statute or common law; and
iii. All those claims whetherr made against Visiting Angels, any of its subsidiary or affiliated entities or it’s individual officers or directors (in an official or personal capacity).
b. Claims Not Covered: claims covered by this agreement do not include:
i. A claim for workers' compensation benefits;
ii. A claim for unemployment compensation benefits;iii. A claim under the National Labor Relations Act (NLRA), as amended;
iv. A claim by Visiting Angels for injunctive or other equitable relief including without limitation claims for unfair competition and the use or unauthorized disclosure of trade secrets or confidential information, for which Visiting Angels me seat and obtain relief from a quart of competent jurisdiction; and
v. A claim based upon Visiting Angels current (successor or future) employee benefits and/or welfare plans that contain an appeal procedure or other procedure for the resolution of disputes under the plan.
c.Internal Efforts: As a prerequisite for submitting an employment dispute to mediation and, if necessary, arbitration, both you and Visiting Angels agree to make good faith efforts at resolving any dispute internally on an informal basis through Visiting Angels management channels appropriate to that particular dispute. Only when those internal efforts failed me an employee dispute be submitted to mediation and (if necessary) final and binding arbitration under the terms of the Procedure.
d. Non Binding Mediation: If efforts at informal resolution fail, disputes arising under this Agreement must first be submitted for non-binding mediation before a neutral third party. Mediation is an informal process where the parties to a dispute meet in an attempt to reach a voluntary resolution, using the third party as a facilitator. Mediation shall be conducted and administered by [the American Arbitration Association (AAA) under its Employment Mediation Rules, which are incorporated into this Procedure by reference; or other applicable rules].
e. Binding Arbitration: If a covered dispute remains unresolved at the conclusion of the mediation process, either party may submit the dispute for resolution by final binding confidential arbitration under the Procedure. The arbitration will be conducted inder the [Employment Dispute Resolution Rules of the AAA or other applicable rules (Rules)] with the proviso that the Procedure shall be conducted on a confidential basis. These Rules, incorporated by reference into this Procedue, include (but are not limited to) the procedures for the joint selection of an impartial arbitrator and for the hearing of evidence before the arbitrator. The arbitrator shall have the authority to allow for appropriate discovery and exchange of information before a hearing, including, but not limited to, production of documents, information requests, deepositions and subpeonas. A copy of the complete AAA Employment Dispute Resolution Rules be obtained from https://www.adr.org/employment.
i. Any conflict between the rules and procedures set forth in the AAA rules and those set forth in this Agreement shall be resolved in favor of those in this Agreement.
ii. The burden of proof shall at all times be on the party seeking relief.
iii. In reaching a decision, the arbitrator shall apply the governing substantive law applicable to the claims, causes of action and defenses asserted by the parties as applicable in the State of Pennsylvania. The arbitrator shall have the power to award all remedies that could be awarded by a court or administrative agency in accordance with the governing and applicable substantive law, including, without limitation, Title VII, the Age Discrimination in EMployment Act, the Family and Medical Leave Act.
f. Time Limits and Procedures; The aggrieved party must give written notice of and claim to the other party as soon as possible after the aggrieved first knew or should have known of the facts giving rise to the claim. The written notice shall describe the nature of all claims asserted and the facts upon which those claims are based and shall be mailed to the other party by certified or registered mail, return receipt requested. Any such notice mailed to Visiting Angels shall be addressed to Human Resources Manager, 557 Exton Cmns. Exton, PA 19341.
i. Any mediation or arbitration conducted under this Agreement shall take place in the office of Visiting Angles unless an alternative location is chosen by the mutual agreement of the parties. The arbitrator shall render a decision and award withing 30 days after the close of the arbitration hearing or at any later time on which the parties may agree. The award shall be in writing and signed and dated by the arbitrator and shall contain express findings of fact and basis for the award.
ii. The parties agree to share equally the AAA administrative fees and the arbitrator's fees and expenses]. All other costs and expenses associated with the arbitration, including, without limitation, each partiy's respective attorney's fees, shall be born by the party incurring the expense.
iii. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The award may be vacated or modified only on the ground specified in the U.S. Arbitration Act or other applicable law.
g. No Retaliation/Employment At-Will:
i. Under no circumstances will a Visiting Angels employee be retaliated against in any way for invoking the Procedure in good faith to seek the resolution of a dispute. Visiting Angels managers who engage in such retaliation will be subject to discipline under the appropriate Visiting Angels disciplinary procedures.
ii. The Visiting Angels Arbitration and Mediation Procedure does not in any way alter the at-will employment status of Visiting Angels employees. Visiting Angels and its employees are always free to terminate the employment relationship at any time for any lawful reason and employment is not for any specific or definite duration.
h. Severability: In the event any portion of this agreement is found to be unenforceable or illegal, it can be severed, and the other provisions will remain in full force effect.
2. This Agreement sets forthe the complete agreement of the parties on the subject of mediation and arbitration of the covered claims defined above and supersedes any prior or contemporaneous oral or written understanding on these subjects. No party is relying on any representations, oral or written, on the subject or the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Procedure.
By providing your signature below, you indicate your agreement to the terms set forth above. By the provision of the signature of the Visiting Angels Official named below, Visiting Angels indicates its agreement, as well, to the terms set forth in this Procedure. Both parties understand that by agreeing to the terms of this Procedure, both are giving up any constitutional or statutory right they may possess to have covered claims decided in a court of law before a judge or a jury.