Suggested language to include in arbitration agreements

• All disputes arising out of Employee's employment or the termination thereof shall be resolved exclusively by arbitration at a place mutually acceptable to the parties to this agreement by an arbitrator selected by the parties or their representatives, or, in failure of such agreement, by [the American Arbitration Association, the Federal Mediation and Conciliation Service, and so on].
  
  
• Arbitable disputes shall include, without limitation, claims arising under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, comparable state statutes including without limitation the Wisconsin Fair Employment Act, the Wisconsin Family and Medical Leave Act, Chapter 109, Wisconsin Statutes, and any other claims whether statutory, contractual, sounding in tort, or other legal theory, including without limitation whistleblower protection provisions and public policy wrongful discharge.
  
  
• This agreement shall in no way limit the Employee's right to participate in any investigative or conciliatory process.
  
  
• The arbitrator shall conduct proceedings under this agreement in accordance with the American Arbitration Association's "National Rules for the Resolution of Employment Disputes."
  
  
• Any arbitration award shall be final and binding.
  
  
• Upon the failure of either party to submit to arbitration under this agreement, the other party shall be entitled to injunctive relief compelling specific performance of the obligation to arbitrate hereunder.

Wisconsin Lawyer