The Non-Arbitration Agreement serves as a critical document in United States business relationships where parties wish to preserve their rights to resolve disputes through the court system rather than through arbitration. This agreement has become increasingly important as arbitration clauses have become more common in commercial and employment contracts. The document typically includes specific provisions addressing the waiver of arbitration rights, alternative dispute resolution procedures, and jurisdiction-specific requirements. It's particularly relevant in situations where parties prefer the protections and transparency offered by the court system, or where state laws encourage access to judicial remedies.
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1. Parties: Identification of all parties entering into the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Waiver of Arbitration: Express waiver of rights to arbitration
5. Dispute Resolution Process: Agreed method for resolving disputes
6. Governing Law: Specification of applicable law and jurisdiction
1. Specific Claims Exclusions: List of specific types of claims excluded from the agreement
2. Cost Allocation: How legal costs will be allocated between parties
3. Severability: Provision for maintaining validity if parts are found unenforceable
1. Schedule of Excluded Claims: Detailed list of specific claims or disputes excluded from the agreement
2. Jurisdiction-Specific Requirements: Additional requirements or modifications based on specific jurisdictions
3. Alternative Dispute Resolution Procedures: Detailed procedures for resolving disputes outside of arbitration
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