MUTUAL AGREEMENT TO ARBITRATE

EMPLOYMENT-RELATED DISPUTES

This Mutual Agreement to Arbitrate Disputes ("Agreement") is made and entered into as of [DATE] (the "Effective Date") by and between [EMPLOYER NAME], a [STATE OF INCORPORATION OR LOCATION] [TYPE OF ENTITY][, including its present and future parents, subsidiaries, affiliates, successors, and assigns] ([collectively,] the "Employer") and [EMPLOYEE NAME], an individual (the "Employee") (the Employer and the Employee are collectively referred to herein as the "Parties").

Intent of the Agreement. It is the intent of Parties to resolve all disputes, claims, and any other matters arising out of or relating to the Employee's employment by the Employer or termination of employment by binding private arbitration in accordance with the provisions of this Agreement. The Parties understand that by entering into this Agreement THE EMPLOYEE AND THE EMPLOYER ARE GIVING UP THE RIGHT TO A JURY TRIAL OR TO FILE A LAWSUIT IN COURT AGAINST THE OTHER [, AND THE RIGHT TO BRING A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER IN COURT OR IN ARBITRATION,] regarding any claims covered by this Agreement.

Mandatory Arbitration. In exchange for the mutual promises contained in this Agreement, [and [as a condition of Employee's [continued] employment with Employer,] [and [OTHER CONSIDERATION FOR THE AGREEMENT, IF ANY],] Employer and Employee agree that:

any and all "Covered Claims" (as defined in 23 below) shall be submitted to and resolved by final and binding arbitration to be held in [CITY/COUNTY], Massachusetts, before a single arbitrator and administered by [NAME OF ARBITRATION ORGANIZATION] in accordance with [ARBITRATION ORGANIZATION EMPLOYMENT RULES] applicable at the time the arbitration is commenced[, except as modified by this Agreement]. A copy of the current version of the [ARBITRATION ORGANIZATION EMPLOYMENT RULES] is attached as Exhibit [NUMBER/LETTER]. The Rules may be amended from time to time and are also available online at [WEBSITE ADDRESS]. The Employee can also call the [ARBITRATION ORGANIZATION] at [TELEPHONE NUMBER] with any questions about the arbitration process. If the [ARBITRATION ORGANIZATION] Rules are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern[. If the [NAME OF ARBITRATION ORGANIZATION] is unavailable, the Parties agree to [binding arbitration before [ALTERNATE ORGANIZATION]/PROCEDURES FOR SELECTING ALTERNATE FORUM].];

the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, formation, or enforceability of this Agreement, including but not limited to the arbitrability of any dispute between the parties[, except for a dispute regarding the enforceability or scope of the waiver in 45, which shall be determined by a court of competent jurisdiction];[ and]