Synergy Edge LLC
CLIENT INFORMATION
Please read before signing.
Agreement to Binding Individual Arbitration and Waiver of Jury Trial - (Arbitration Agreement)
In the event of any dispute between parties concerning client discipline that is unresolvable through Synergy Edge LLC dispute resolution procedures, such a dispute shall be settled bv arbitration, in accordance with the rules for commercial arbitration of the American Arbitration Association (AAA) that are in effect at the time the arbitration is initiated. Furthermore, the dispute is subject to the provisions of the Illinois Uniform Arbitration Act, 710 ILCS 5/1 et seq., incorporated herein by reference. However, substantive academic judgments, including, but not limited to, client assessments, grades, and/or assignments to clinical rotations, shall not be subject to arbitration but shall be reserved exclusively for the professional judgment of the faculty and/or administration of Synergy Edge LLC.
Within 15 days after initial dispute resolution procedures have been exhausted, the client and/or Synergy Edge may request arbitration. All requests for arbitration shall be submitted to Synergy Edge LLC, which shall, in turn, forward such requests to the AAA within 14 days of receipt. Synergy Edge LLC shall send the client a copy of the same request that was forwarded to the AAA.
A list of five (5) arbitrators shall be presented by AAA. Everyone on the list must have had a minimum of 5 years of experience directly related to educational and/or health care matters. One arbitrator shall be chosen according to the following process. Within 3 days, Synergy Edge and the client or their legal representatives shall alternately strike one name from the list until only one name remains. Unless waived by the client, he/she shallhave the right to proceed first with the striking. Within 3 days of receipt of the first list provided by the AAA,Synergy Edge LLC and the client or their legal representatives shall each have the right to reject all prospective arbitrators named on the first list and to require the AAA to provide a second list of 5 prospective, impartial arbitrators, none of whom were named on the first list. The procedure for selecting an arbitrator from the second list shall be the same as the procedure for the first list. Alternatively, Synergy Edge LLC and the client or their legal representatives may mutually agree to select an impartial arbitrator who is not on a list received from the AAA, by direct appointment by the parties. The parties shall notify the AAA of their intent to select an arbitrator using an alternative procedure, within 3 days of receipt of a list of prospective arbitrators provided by the AAA. The alternatively selected arbitrator shall have the same qualifications and authority as an arbitrator on a list from the AAA.
The agreed-upon arbitrator shall schedule and conduct the arbitration hearing in the city of Chicago, Illinois unless both parties’ consent to a different location. The laws of the state of Illinois shall apply to any issues involving contract interpretation. The client shall bear the burden of proving that the challenged disciplinary action was arbitrary and capricious. The decision of the arbitrator shall be final and binding upon all parties and shall be the exclusive means of determining the rights of the parties hereunder, with respect to such disputes.
Each party to the arbitration shall bear its own costs and fees, including, but not limited to, filing fees and related admin istrative costs, costs of subpoenas, transcripts, witness fees, attorney's fees, and similar costs. The parties shall equally share the arbitrator's reasonable fees and costs.
Arbitration proceedings shall be confidential, except for any arbitration orders or awards. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by applicable law. Additionally, the arbitrator may make findings of fact and conclusions of law in his or her award. A party who improperly discloses confidential information shall be subject to sanctions, as determined by the arbitrator.