Common use of Paying For The Arbitration Clause in Contracts

Paying For The Arbitration. If Employee initiates arbitration against the Company, the Employee’s portion of the filing fee, if required, will be the lesser of the comparable state and/or federal court filing fee applicable to Employee’s claims. If Employee can show that Employee’s portion of the filing fee creates an undue hardship, Employee may contact the arbitrator for consideration to have it waived. The Company will pay the remainder of the filing fee, the arbitrator’s fee and any administrative expenses. If the arbitrator finds in favor of Employee, the Company will reimburse Employee’s portion of the filing fee. Employee will also be responsible for paying Employee’s litigation costs and Employee’s attorneys’ fees if Employee chooses to have representation in any arbitration proceeding. The Company will be responsible for paying its litigation costs and attorneys’ fees if it chooses to have representation in any arbitration proceeding. However, if the Employee or the Company prevails on a statutory claim which allows the prevailing party to recover attorneys’ fees and litigation costs, or if there is a written agreement providing for attorneys’ fees and/or litigation costs, the arbitrator shall rule on a motion for attorneys’ fees and/or litigation costs under the same standards a court would apply under the law applicable to the claim at issue. Any disputes regarding payment of attorneys’ fees, administrative expenses and costs will be resolved by the arbitrator.