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Can I require customers to sign contracts with binding arbitration clauses in Wisconsin? What are the requirements?

Yes, you can require customers to sign contracts with binding arbitration clauses in Wisconsin. The Wisconsin Statutes, specifically WIST 788.01, state that arbitration clauses in contracts are enforceable, as long as the clause is in writing and the parties agree to submit to arbitration any controversy arising out of the contract or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit.

However, it is important to note that this chapter shall not apply to contracts between employers and employees, or between employers and associations of employees, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 292.63 (6s) or 230.44 (4) (bm).

There are no specific requirements for the language or format of the arbitration clause, but it is recommended to consult with a legal professional to ensure that the clause is valid and enforceable.

If you are dealing with a collective bargaining agreement between an applicable municipal employer and the recognized or certified collective bargaining representative of applicable fire fighter or law enforcement personnel, you may file a stipulation or petition to initiate compulsory final and binding arbitration with the Wisconsin Employment Relations Commission (WERC) [2.1][2.2].

If you are requesting arbitration for a dispute, you must submit a request for arbitration to the Wisconsin Department of Agriculture, Trade and Consumer Protection in writing, on a form provided by the department. The request must include a signed agreement by all parties to participate in arbitration, a preliminary statement of the issue or issues the parties seek to resolve by arbitration, the name and address of each party, or the party’s representative in the arbitration proceeding, an agreed method for appointing an arbitrator, and an identification of every court action currently pending between the parties [3.1][4.1].

In summary, you can include a binding arbitration clause in your contracts with customers in Wisconsin, as long as the clause is in writing and the parties agree to submit to arbitration. If you are dealing with a collective bargaining agreement or requesting arbitration for a dispute, there are specific procedures to follow. It is recommended to consult with a legal professional to ensure compliance with all applicable laws and regulations.

Source(s):
Jurisdiction

Wisconsin