Employment & Workplace Dispute Resolution
The AAA’s Employment/ Workplace Contract Clauses
ADR clauses
Clear and enforceable arbitration agreements in employment contracts are key to resolving disputes efficiently. The AAA provides the ClauseBuilder® online tool to help you draft effective clauses.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the AAA in accordance with its Employment/Workplace Arbitration Rules and Mediation Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Setting the Standard in Employment and Workplace Dispute Resolution
Benefits
Employment/Workplace Arbitration Rules and Mediation Procedures: The AAA administers arbitration and mediation cases pursuant to the Employment/Workplace Arbitration Rules and Mediation Procedures, which are designed to protect the rights of all parties involved in employment or workplace disputes. These rules and procedures support arbitrations and mediations that are transparent, fair, and proceed in accordance with the highest standards.
Employment Due Process Protocol: The AAA’s commitment to fairness is underscored by its Employment Due Process Protocol, which provides essential safeguards to promote fair arbitration and mediation for all parties. This protocol gives parties the right to representation, neutral arbitrators and mediators, and adequate discovery. Additionally, it empowers arbitrators to issue binding awards and grant any relief that would be available in a court of law.
Unmatched Expertise: Our arbitrators are experts in employment law and understand the intricacies of workplace disputes, including but not limited to issues related to discrimination, wrongful termination, wage and hour claims, and executive compensation. Parties are able to select arbitrators with experience tailored to the specific nature of their dispute.
Efficiency and Speed: Workplace disputes can cause significant disruption. The AAA’s streamlined processes promote prompt resolution, allowing both parties to move forward. Our expedited options offer faster case resolution compared to traditional court litigation.
Neutrality and Fairness: As an impartial and independent organization, the AAA provides a neutral workplace dispute resolution process, fostering confidence among employers and employees in the fairness and objectivity of the outcome.
Privacy: Workplace disputes often involve sensitive information, and maintaining privacy is key. The AAA’s arbitrators and mediators have an ethical responsibility to protect the confidentiality of the dispute resolution process. The AAA also maintains the confidentiality of the disputes it administers.
Cost-Effective Resolution: Arbitration is generally a more affordable alternative to litigation, helping both employees and employers avoid the financial burden of prolonged court battles.
Customized Solutions: The AAA allows parties to tailor the arbitration process to their specific needs. Whether it’s setting flexible timelines, choosing virtual hearings or opting for expedited procedures, the AAA provides a process that fits the parties’ schedule and requirements.
Industry-Leading Expertise
Why AAA
Our workplace arbitration and mediation services provide fair and efficient dispute resolution across case types.
77% of Employment cases
were settled prior to award (for cases closed in 2025)
22% of Employment cases
settled prior to incurring any arbitrator compensation in 2025
17 months
median time to award (awarded cases closed in 2025) vs. 34.1 months median time to trial in U.S. District Court in 2025
Types of Employment and Workplace Disputes We Handle
Dispute types
Discrimination
Claims of discrimination based on race, gender, age, religion, disability, national origin, and other protected categories.
Harassment
Disputes involving workplace harassment, including sexual harassment claims, hostile work environments, and employer retaliation.
Wage and Hour Disputes
Conflicts over wage and hour issues, including unpaid overtime, minimum wage violations, and disputes related to employee classification and misclassification under the Fair Labor Standards Act.
Wrongful Termination
Disputes regarding claims of wrongful termination or breach of contract, including cases involving at-will employment and violation of employment agreements.
Retaliation Claims
Cases where an employee claims retaliation for whistleblowing or for engaging in legally protected activities.
Non-Compete Agreements
Disputes related to the enforcement of non-compete, non-solicitation, and confidentiality agreements between employers and former employees.
Workplace Safety
Disputes involving workplace safety, including claims related to Occupational Safety and Health Administration regulations, and those arising from the Texas Nonsubscriber system.
Executive Compensation
Cases involving disputes over executive compensation, including severance packages, bonuses, stock options, golden parachutes, and other complex compensation arrangements between executives and their employers.
Statistics
Consumer and Employment Arbitration Statistics
The AAA maintains an online Consumer and Employment Arbitration Statistics report based on AAA consumer line Consumer and Employment Arbitration Statistics report based on AAA consumer and employment/workplace cases closed within the last five years. This report is made available pursuant to state statutes such as the California Code of Civil Procedure §1281.96, Maryland Commercial Law §§ 14-3901 to 3905 and New Jersey Statutes § 2A:23B-1 et seq. and updated quarterly, as required by law.
The AAA Employment Panel of Arbitrators and Mediators
Panel
The AAA’s Employment Panel includes highly experienced professionals, including former judges, who specialize in employment law and workplace disputes. Our panelists bring:
Extensive Experience
Our arbitrators and mediators have years of experience resolving a wide range of workplace disputes, from discrimination and harassment claims to wage and hour disputes.
Commitment to Equal Opportunity
Many of our panelists are experienced in Equal Employment Opportunity matters, and all aim to uphold the principles of fairness, equity, and inclusion in all dispute resolution processes.
Impartiality and Objectivity
The AAA’s panelists are committed to fairness, providing both employees and employers with impartial and unbiased dispute resolution.
Strong Facilitation Skills
Whether resolving a conflict through arbitration or mediation, our panelists possess the communication and negotiation skills needed to help parties reach a mutually agreeable solution, often preserving workplace relationships in the process.
Self-representation
Are You Self-Represented?
In arbitration, you don’t have to have a lawyer represent you (unless state law requires it). Many people—including individuals and small business owners—choose to handle arbitration on their own.
It’s important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it’s a good idea to talk to a lawyer. If you do decide to go through arbitration without a lawyer, the AAA has resources to help you.
Documents for Employment/Workforce Arbitration and Mediation
Rules, forms, and fees
Employment/Workplace Arbitration Rules and Mediation Procedures
Employment/Workplace Fee Schedule
Employment/Workplace Arbitration Rules Demand for Arbitration
Submission to Dispute Resolution Form
Request for Mediation
Affidavit For Waiver of Fees - For Use By California Consumers Only
Affidavit in Support of Administrative Fees Hardship Waiver - Individual
Affidavit in Support of Administrative Fees Hardship Waiver - Small Business Owner
Employment Due Process Protocol
AAA Policy on the Applicability of the Optional Appellate Arbitration Rules to Employment Arbitration
Expert Resources to Navigate Employment/Workforce Disputes
Resource Library
2025 Employment Dispute Resolution Infographic
Summary of Revisions to Employment Arbitration Rules
Employment Plan Contracts Checklist
Initial Discovery Protocols for Fair Labor Standards Act Cases – 2018
Initial Discovery Protocols for Employment Arbitration Cases – 2013
Employment Discovery Protocols Fact Sheet
AAA Arbitration Roadmap® - Employment/Workplace
AAA Standards of Conduct for Parties and Representatives
AAAi Standards for AI in ADR
Sexual Harassment Disputes or Sexual Assault Disputes
Specialized services
Specialized Arbitration Services
List Only & List with Appointment: With the List Only Service, the AAA provides the parties with a tailored list of qualified arbitrators. The service is limited to providing a list. With List and Appointment, the AAA provides a list and facilitates the selection of the arbitrator and the appointment process, including the ranking, an invitation to serve, and the conflict checks. Both services are provided in accordance with the AAA’s applicable administrative fee schedules.
AAA Employment Rules AI Chatbot
Ask a question
This Employment Rules - AI Chatbot is provided for informational purposes only. When using this tool, you are interacting with AI, not a human being, and like any AI tool, it can produce incorrect, incomplete, or outdated information. The AAA® does not monitor the chatbot’s responses in real time and makes no representations or warranties, express or implied, regarding the accuracy, completeness, timeliness, or reliability of its responses. The AAA also assumes no liability for actions taken based on your use of this chatbot. No legal advice is being given, and no attorney-client relationship is being created, by your use of this chatbot. You should not act or rely on the information provided without first seeking an attorney’s advice. Lastly, by using this chatbot, you agree that the AAA may collect and use your non-confidential inputs and feedback to improve the chatbot.
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Frequently Asked Questions
FAQs
What types of employment/workplace disputes does the AAA handle?
The AAA handles a wide range of workplace and employment disputes, including but not limited to conflicts arising over discrimination, harassment, and retaliation. We handle cases involving employment contracts and agreements, including claims regarding wages or salary, non-compete agreements, and wrongful termination. We also address workplace safety disputes, including claims under OSHA regulations.
How are employment/workplace arbitration or mediation cases initiated with the AAA?
To file an employment/workplace arbitration case with the AAA, one party must submit a Demand for Arbitration, a copy of the arbitration provision naming the AAA or the AAA’s rules from the parties’ contract, and the appropriate filing fee. The most an employee would be asked to pay for an AAA employment arbitration case is $350. If the employee cannot afford that, fee waivers may be available for those who qualify. Arbitration agreements in employment contracts, when administered by the AAA, must comply with the AAA Employment Due Process Protocol.
To file an employment/workplace mediation case with the AAA, one party must submit a Request for Mediation form, a copy of the mediation provision from the parties’ contract calling for AAA-administered mediation, and the appropriate filing fee. The party initiating the mediation shall simultaneously notify the other party or parties of the request. If there is no contract clause providing for mediation with the AAA, the parties must provide a Submission to Mediation form instead.
You can file your arbitration or mediation case online quickly, easily, and securely using our AAA WebFile® platform.
Who is eligible to use AAA employment/workplace dispute resolution services?
Employees and employers involved in a dispute can use AAA employment and workplace dispute resolution services. The AAA also administers disputes between a business and an independent contractor. Normally, parties use these services when there is a pre-existing agreement, such as an employment contract or company policy, that provides for arbitration or mediation through the AAA. The agreement must comply with the AAA’s Employment Due Process Protocol, which is designed to provide for fairness, neutrality, and transparency in the dispute resolution process. Parties may also voluntarily agree to use the AAA’s employment/workplace arbitration and mediation administration services after a dispute has arisen, even if no prior agreement exists.
How much do employment/workplace arbitration or mediation services with the AAA cost?
For employment/workplace arbitration cases, the AAA fee schedule limits the employees’ costs, with employees paying at most a $350 administrative filing fee. If the employee cannot afford that, fee waivers may be available for those who qualify. Oftentimes, employees pay no fee at all if the arbitration clause states that the employer will pay all the fees. The employer pays the remaining administrative fees and all arbitrator compensation in employment cases, unless the parties agree otherwise post-dispute.
For employment/workplace mediation cases, a $250 non-refundable deposit, which will be applied toward the administrative fee, is required to start the mediation case with the AAA and have the mediator appointed. The employer pays all remaining expenses of the mediation, unless the parties agree otherwise post-dispute. The mediator’s compensation is based on their published hourly or daily mediation rate on their AAA profile. The mediator will charge an administrative fee of $75 per hour for the AAA’s services. There is a minimum charge of four hours for a mediation conference.
Can parties choose the arbitrator or mediator for their employment/workplace dispute?
Yes, parties can choose the arbitrator or mediator (i.e., the neutral) in an employment or workplace dispute. The AAA always encourages the parties to agree on a neutral. Also, the parties’ arbitration or mediation agreement may specify how the neutral is to be selected.
In practice, for both arbitration and mediation cases, the neutral is generally selected through the list rank and strike process. In that process, the AAA will ask the parties to strike and rank a list of 10 names, and the AAA will appoint the highest-ranked mutually agreeable neutral, based on the parties’ strikes and rankings.
How long does an employment/workplace dispute take to resolve with the AAA?
An AAA employment arbitration case is typically resolved much faster than the average time to trial in U.S. District courts. For awarded cases closed in 2025, the median time to award was 17 months, compared to around 34 months for the median time to get to trial in U.S. District Courts.
Are AAA arbitration awards binding in employment/workplace disputes?
Yes, generally, the arbitrator’s award is final and binding. Under applicable federal and state law, employment arbitration awards can be enforced in court, with limited grounds to overturn — vacate — them.
Can employees represent themselves in AAA employment/workplace arbitration?
Yes, employees can represent themselves (unless state law requires otherwise) in AAA arbitration. Arbitration is a final and binding process that can affect your rights, so it’s a good idea to talk to a lawyer before filing your case.
Does the AAA handle employment/workplace disputes involving government or public sector employers?
Yes, the AAA can administer employment disputes involving government or public-sector employers when the parties have agreed to use AAA-administered arbitration or mediation. Such cases are subject to applicable federal, state, or local law in the relevant jurisdiction and any agreements between the parties.
What are the AAA Employment/Workplace Arbitration Rules?
The AAA Employment/Workplace Arbitration Rules and Mediation Procedures provide a standardized framework for employers and employees to resolve disputes. These rules and procedures provide a fair, transparent, and efficient process. Consult the Employment/Workplace Rules and Mediation Procedures to learn more about how the AAA administers employment and workplace arbitration and mediation cases.