Except for violations of Section 4 (Confidentiality), Section 5 (No Solicitation) or Section 6 (Agreement to Not Interfere with CCF’s Business and Client Relationships), all disputes, disagreements, issues, grievances or complaints (called “complaint”) of any kind, arising between Caregiver and CCF relating to the Caregiver’s position, performance, wages, hours worked, overtime, payroll deductions, breaks, termination of employment or an assignment, failure to offer an available assignment or anything else, shall be resolved through non- binding mediation and then, if necessary, binding arbitration in Greater New Haven County. The mediation and arbitration proceeding will be confidential. This means all documents,5 testimony and records will be received, heard and maintained by the mediator and arbitrator, in secrecy, available for inspection only by Caregiver and CCF and if applicable, their attorneys and accountants. This mediation and arbitration obligation requires the Caregiver and CCF to proceed to mediation, and if necessary, arbitration, instead of going to Court except if Caregiver violates Section 4, Section 5 and/or Section 6 of this Agreement. If that occurs, CCF could go to Court to sue Caregiver instead of mediation and arbitration.
i. Caregiver and CCF will each be separately responsible for the cost of their own attorneys and experts and split the cost of the mediator and arbitrator equally, which shall not be changed by the mediator or arbitrator.
ii. If Caregiver and CCF cannot agree on a mediator or, if applicable, an arbitrator, they agree to follow the procedures utilized by the American Arbitration Association (AAA) for selecting a mediator and arbitrator. Caregiver and CCF are not obligated to choose a AAA mediator, AAA arbitrator or follow any other AAA rules or processes.