Can I require employees to sign arbitration agreements in Mississippi? What are the requirements?

Requirements for Requiring Employees to Sign Arbitration Agreements in Mississippi

Yes, you can require employees to sign arbitration agreements in Mississippi. However, the agreement must meet the requirements set forth in Mississippi Code Annotated Section 11-15-101 et seq. ^[1.1][1.2].

According to Mississippi Code Annotated Section 11-15-103, two or more parties referred to in Section 11-15-101 may agree in writing to submit to arbitration any controversy existing between them at the time of the agreement, or they may include in a written contract a provision for the settlement by arbitration of any controversy thereafter arising between them relating to such contract or the failure or refusal to perform the whole or any part thereof. Such agreement or provision shall be valid, enforceable, and irrevocable without regard to the justiciable character of the controversy ^[1.2].

If an agreement or provision for arbitration provides a method for the initiation of arbitration, such method shall be followed. In the absence thereof, the party desiring to initiate the arbitration shall, within the time specified by the contract, if any, file with the other party a notice of an intention to arbitrate which notice shall contain a statement setting forth the nature of the dispute, the amount involved, and the remedy sought ^[1.5].

It is important to note that certain sections of the Mississippi Code of 1972, which provide for the submission for determination of disputed matter to arbitrators selected by law or agreement, shall not be applicable to those agreements enumerated in Section 11-15-101 ^[1.3].

If an arbitration award is procured by corruption, fraud, or other undue means, or if there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party, the court shall vacate the award upon application of a party ^[1.4].

In summary, to require employees to sign arbitration agreements in Mississippi, the agreement must meet the requirements set forth in Mississippi Code Annotated Section 11-15-101 et seq.

Source(s):

• [1.1] Agreements to which arbitration provisions apply.
• [1.2] Agreements to submit controversies to arbitration; refusal of binding arbitration provisions in public contracts.
• [1.3] Inapplicability of other arbitration provisions.
• [1.4] Vacating arbitration award.
• [1.5] Initiation of arbitration.

Jurisdiction

Mississippi

• Labor