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

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Yes, you can require employees to sign arbitration agreements in Vermont. The Vermont Statutes provide that a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties creates a duty to arbitrate, and is valid, enforceable, and irrevocable, except upon such grounds as exist for the revocation of a contract [1.1].

However, there are certain requirements that must be met for an arbitration agreement to be enforceable in Vermont. According to the Vermont Statutes, no agreement to arbitrate is enforceable unless accompanied by or containing a written acknowledgment of arbitration signed by each of the parties or their representatives. When contained in the same document as the agreement to arbitrate, that acknowledgment shall be displayed prominently. The acknowledgment shall provide substantially as follows: “ACKNOWLEDGMENT OF ARBITRATION. I understand that (this agreement/my agreement with of ) contains an agreement to arbitrate. After signing (this/that) document, I understand that I will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, I agree to submit any such dispute to an impartial arbitrator” [1.1].

In addition, there are specific requirements for arbitration agreements in certain contexts, such as medical malpractice claims [2.1], negotiated binding interest arbitration for school boards and recognized organizations [4.1], and fees and expenses of arbitration [1.4].

Therefore, to require employees to sign arbitration agreements in Vermont, you must ensure that the agreement is in writing, contains an acknowledgment of arbitration signed by each of the parties or their representatives, and that the acknowledgment is prominently displayed. It is also important to review any specific requirements for arbitration agreements in the relevant context.

Source(s):
Jurisdiction

Vermont