A: Arbitration is a process in which people agree to have a neutral arbitrator resolve a dispute instead of going to court. In this case, it would be used to resolve a dispute between a City employee, or applicant for employment at the City, and the City.  Arbitration is a less formal process than going to court but does still have rules to be followed. Claims can be resolved more quickly and less expensively than in court.

A: You and the City will jointly select a neutral arbitrator. The arbitrator must be either an attorney with experience in employment law or the subject matter of the dispute and licensed to practice law in Missouri or a retired federal or state court judge who presided in Missouri. If the Parties cannot agree, they will use the rules of the American Arbitration Association to select an arbitrator.

A: The City will pay for the costs of any filing fee, the arbitrator's fees and arbitration expenses, and any other costs unique to the arbitration hearing.  Each Party will pay its own costs for any depositions, witnesses, experts, and attorneys' fees and other expenses to the same extent as if the matter were being heard in court.  However, as detailed in the Arbitration Agreement, the Arbitrator may award the prevailing (or winning) party in the arbitration reasonable attorneys' fees in accordance with an applicable statute or written agreement that allows for them.   These reasonable attorney fees shall not exceed $350,000.00.

A: No, you are not required to have a lawyer in arbitration. You may have a lawyer if you want.

A: If you choose to use a lawyer to help you in the arbitration process, generally you will be responsible for paying your lawyer’s fees. There are some circumstances in which the law requires the City to pay your legal fees if you win in the arbitration. Under the Agreement, these reasonable attorney fees shall not exceed $350,000.00.

A: The arbitration will take place in Kansas City, Missouri.

A: Both you and the City have the right to conduct some discovery in arbitration consistent with the procedures in the arbitration agreement.

A: You or the City may start arbitration by mailing a written “Demand for Arbitration” to the other party as soon as possible after the claim arises and by no later than the legal deadlines which apply under the law. The mailing must be sent by Certified Mail, return receipt requested. The Demand for Arbitration against the City must be sent to: City Attorney, 414 E. 12th St, 23rd Floor, Kansas City, MO 64106. The notice should include supporting documentation and a thorough description of the facts, the nature of the claim, and the damages and/or other remedies sought. A Demand for Arbitration form can be found here.

A: After receipt of a Demand for Arbitration, the parties will discuss whether they want to voluntarily participate in pre-arbitration mediation. Mediation is another type of dispute resolution process that is even less formal than arbitration. In mediation, the parties meet with a neutral mediator as soon as a dispute arises, and they try to resolve the issue promptly by mutual agreement. Neither party is required to agree to mediation. Neither party is required to accept the mediator’s recommendation of how to resolve the dispute. If mediation is not agreed to or is not successful, then the dispute will be arbitrated. City will pay the cost of the mediator and the administrative costs of mediation.  If you choose to have an attorney for mediation, you will need to pay for that cost.

A: In general, no. The City is also bound by the Arbitration Agreement. The Arbitration Agreement does, however, provide certain limited circumstances that permit either you or the City to go to court. 

A. With some exceptions, the agreement generally requires all past, current, and future disputes, claims, or causes of action that otherwise could be brought in court  arising out of or relating to the your employment with the City, including claims arising out of or related to your hiring, recruitment, and termination of employment, and including claims the you may have against the City or its officers, officials, administrators, directors, supervisors, managers, employees, or agents or that the City may have against you.  You should read the Agreement itself for more specifics and to understand what is covered.   

A: You should refer to the Arbitration Agreement for a full understanding of what is not covered by the Agreement, but examples include:

• delinquent taxes, fees, or fines due to the City as a result of its status as a municipality and not as a result of your employment with the City;
• worker’s compensation benefits and unemployment benefits;
• claims for underpayment of wages pursuant to federal and state law;
• temporary equitable relief in court to aid the arbitration process; and
• certain claims brought before administrative agencies.

A: No. The Arbitration Agreement provides that claims in arbitration can only proceed on an individual basis and that you are waiving your right to  participate in a class or collective action.

A: No. If you agree to arbitration, then with just a few exceptions (listed in the Agreement) both you and City must arbitrate any claim.

A: The Agreement does allow either party to appeal the Arbitration decision, however the right to appeal for both parties is more limited than in a court case.  The process for appeal, including required deadlines, in included in the Agreement.