← All workflows

Employment Arbitration Agreement

Draft Enforceable Arbitration Agreements in Minutes

12 minutes with CaseMark

Run this workflow

Run it in CaseMark

Upload your documents and get a finished work product in minutes. New accounts get $5 free to run their first skill.

12 minutes with CaseMark

What you'll need

  • Existing Employment Documents

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Employment Arbitration Agreement skill drafts comprehensive, enforceable mutual arbitration agreements tailored to your jurisdiction, employee type, and preferred arbitration administrator. The AI balances employer protections with the procedural fairness safeguards courts require, producing agreements designed to withstand unconscionability challenges.

Drafting employment arbitration agreements that survive judicial scrutiny requires navigating a complex web of federal and state law—from FAA preemption and Armendariz procedural fairness requirements to PAGA carve-outs and class waiver enforceability. A single misstep in consideration, scope, or cost allocation can render the entire agreement unenforceable, exposing employers to costly class litigation.

CaseMark automates the drafting of mutual employment arbitration agreements by analyzing your jurisdiction, employee type, and existing employment documents. The AI produces a comprehensive agreement covering claim scope, procedural fairness, cost allocation, class waivers, and statutory carve-outs—all tailored to meet the enforceability standards of your specific state and federal circuit.

How it works

  1. 1. Upload existing employment documents and provide company and employee details

  2. 2. AI analyzes jurisdiction-specific requirements and drafts a comprehensive mutual arbitration agreement

  3. 3. Review the agreement for covered claims, carve-outs, procedural fairness, and cost allocation

  4. 4. Export the finalized agreement in your preferred format (DOCX, PDF)

What you get

  • Recitals & Parties

  • Covered Claims

  • Excluded Claims & Carve-Outs

  • Class/Collective Action Waiver

  • Procedural Fairness Provisions

  • Cost Allocation & Fee Shifting

  • PAGA & Agency Charge Carve-Outs

  • Severability & Enforcement Provisions

What it handles

  • Jurisdiction-specific unconscionability analysis and compliance

  • Broad covered-claims drafting with statutory enumeration

  • Class and collective action waiver provisions

  • PAGA carve-outs and agency charge preservation

  • Procedural fairness safeguards meeting Armendariz standards

  • Cost allocation and administrator rule-set integration

Required documents

  • Existing Employment Documents

    Offer letters, employment contracts, handbooks, or prior arbitration agreements to inform the drafting process

    .pdf, .docx

Supporting documents

  • Equity or Compensation Plans

    Stock option agreements, bonus plans, or other compensation documents relevant to consideration analysis

    .pdf, .docx

  • Company Policies

    Non-compete, non-solicitation, or trade secret policies that may require arbitration coverage

    .pdf, .docx

Why teams use it

Reduce drafting time from hours to minutes while maintaining enforceability standards

Minimize litigation risk with jurisdiction-specific unconscionability compliance

Stay current with evolving PAGA, class waiver, and FAA preemption case law

Ensure consistent, high-quality arbitration provisions across your entire workforce

Questions

Does CaseMark ensure the agreement meets Armendariz requirements?

Yes. CaseMark's AI applies Armendariz and equivalent state-law standards to ensure procedural fairness, including adequate discovery, neutral arbitrator selection, written awards, and employer cost-bearing requirements. The output flags any provisions that could trigger unconscionability challenges.

Can I generate agreements for employees in multiple states?

Absolutely. CaseMark analyzes the unconscionability standards and statutory requirements for each employee work state you specify. The AI tailors carve-outs, consideration requirements, and enforceability provisions to each jurisdiction.

How does the tool handle PAGA claims in California?

CaseMark incorporates the latest legal developments around PAGA representative claims, drafting appropriate carve-outs that preserve the employer's ability to compel individual PAGA claims to arbitration while addressing representative standing issues under current case law.

Will the agreement include class and collective action waivers?

Yes. CaseMark drafts enforceable class and collective action waivers consistent with Epic Systems v. Lewis and applicable state law, while preserving NLRB charge-filing rights and other protected concerted activity.

Can I use this for both new hires and existing employees?

Yes. CaseMark adjusts the consideration analysis based on whether the employee is prospective or current. For current employees, the AI ensures independent consideration is provided as required by the applicable jurisdiction, such as a bonus, equity grant, or other lawful consideration.

Does CaseMark support both JAMS and AAA rule sets?

Yes. You can specify your preferred arbitration administrator—JAMS or AAA—and CaseMark will incorporate the corresponding procedural rules, fee schedules, and arbitrator selection processes into the agreement.

Related

Access and Indemnity Agreement (Due Diligence)

Draft Property Access Agreements in Minutes with AI

Access Indemnity Agreement

Draft Access & Indemnity Agreements in Minutes

Ad Fund Agreement

Draft Ad Fund Agreements in Minutes, Not Hours