A. Introduction to Arbitration
Arbitration is a dispute-resolution process in which you and the Company present their respective positions to an impartial third-party arbitrator who determines the merits of the claims at issue and, where applicable, imposes remedies. An arbitration hearing resembles a court proceeding in many ways. Both parties have the opportunity to be represented by an attorney, to obtain relevant documents and other information through discovery procedures, to make opening statements, to present the testimony of witnesses and to introduce exhibits through witnesses, and to make closing statements. In most cases, arbitration allows for a much faster resolution of employment disputes than traditional litigation through the court systems, with the same potential awards as if we were before a court.
B. Scope of Arbitration
Under The Hartford’s Arbitration Policy (“Policy”), which can be found within the Arbitration Policy, you are required to arbitrate any and all employment-related disputes, claims, or controversies (“claim”) against the Hartford that could be brought in a court, with several exceptions.
An arbitrator shall dismiss, without hearing on the merits, any dispute that does not state a claim under applicable federal, state, or local law. A dispute is based on a claim and is subject to these procedures if it is not excluded from these procedures under the Policy, and if it arises from or involves a claim under applicable federal, state, or local statute, ordinance, regulation or common law doctrine relating to employment, including but not limited to claims under the Age Discrimination in Employment Act (ADEA); the Fair Labor Standards Act (FLSA); the Family and Medical Leave Act (FMLA); the Americans with Disabilities Act of 1990 (ADA); Section 1981 through 1988 of Title 42 of the United States Code; any state or local anti-discrimination laws; or any other federal, state, or local law, ordinance or regulation, or based on any public policy, contract, tort, or common law or any claim for costs, fees, or other expenses or relief, including attorney’s fees. All claims which could be raised before a court must be raised in the demand for arbitration and the arbitrator shall apply the law accordingly.
Likewise, The Hartford is required to attempt to resolve covered claims against current employees informally and then, if necessary, to arbitrate any covered claims it has against you. The Hartford also agrees to be bound by the terms of this Policy regarding any matters covered herein, unless otherwise stated in a written agreement between the parties that explicitly limits the obligations herein. Notwithstanding the above, The Hartford is not required to exhaust either the ER Claims Review Process or the Arbitration Process before initiating or implementing any employment or disciplinary action against an employee
C. Arbitration Exclusions
Certain types of claims are expressly excluded from arbitration under this Policy. Please refer to the Policy for a list of excluded claims.
D. Arbitration Rules and Procedures
Arbitration under this Policy is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.)(“FAA”)(including without limitation the stay provisions in 9 U.S.C. § 3) and will be administered by the American Arbitration Association (“AAA”). The rules and procedures to be used by the parties are generally based on the AAA’s Employment/Workplace Arbitration Rules (“AAA Rules”), except as set forth in this Arbitration Policy. The Hartford has modified these rules and procedures in certain respects. In particular, provisions regarding fees for the arbitrator and costs of the AAA have been modified to provide that many of these costs typically shared by the parties will be borne exclusively by The Hartford. In addition, provisions permitting limited discovery have been added to ensure that both parties have similar access to relevant information. The AAA Rules shall govern issues not specifically addressed by these procedures. The AAA Rules are available, at no cost to you, through the AAA at www.adr.org.
1) Initiation of Arbitration Proceeding.
a) Arbitration Initiated by You. The Hartford will pay 100% of the required AAA administrative fee in excess of the first one hundred fifty ($150.00) dollars. You must initiate arbitration by submitting a written demand for arbitration to The Hartford’s Employment Law Unit/Arbitration, with a check for $150.00 payable to “The American Arbitration Association.” You should send the check and written demand to the following address: The Hartford’s Employment Law Unit/Arbitration, One Hartford Plaza, Mail Drop HO-1-10, Hartford, CT 06155. The demand should set forth in detail the nature of the dispute, including the alleged act or omission at issue, your name address and telephone number, and the names of all persons allegedly involved in the act or omission. Within thirty (30) business days of receiving such demand, The Hartford shall file the demand with the appropriate office of the AAA, together with the applicable administrative fee in the AAA’s fee schedule.
b) Arbitration Initiated by The Hartford. The Hartford must initiate arbitration by submitting a written demand for arbitration to your last home address of record via certified mail or overnight mail. The demand shall set forth in detail the nature of the dispute, including the alleged act or omission at issue, your name, address and telephone number, and the names of all persons allegedly involved in the act or omission. Within 30 business days of submitting the demand to you, The Hartford shall file the demand with the appropriate office of the AAA, together with the applicable administrative fee in the AAA’s fee schedule. When arbitration is initiated by The Hartford, the company is responsible for 100% of all AAA administrative fees.
2) Appointment of Neutral Arbitrator. The AAA shall appoint one neutral arbitrator from its Employment Panel of Arbitrators. The arbitrator shall be appointed in the following manner:
a) As soon as practicable, the AAA shall submit to each party an identical list of nine (9) proposed arbitrators.
b) Each party shall have ten (10) business days from the mailing date of the list to strike names of arbitrators to which the party objects, number the remaining names in order of preference and return the list to the AAA. Each party may strike up to three names without cause. Parties may seek to strike additional names for conflict of interest / neutrality reasons in accordance with Section 3 below. If a party does not return the list within the time specified, all persons on the list shall be deemed acceptable to that party.
c) The AAA shall appoint an arbitrator remaining on the list in the parties’ collective order of preference, to the extent the order of preference can be determined by the AAA.
d) In the event the parties fail to agree on any of the proposed arbitrators, or if an acceptable arbitrator is unwilling to act, the AAA shall issue an additional list of arbitrator names to the parties.
3) Qualification of Neutral Arbitrator. No person shall serve as a neutral arbitrator in any matter in which that person has or may have any financial or personal interest in the result of the proceeding. Prior to accepting appointment, the prospective arbitrator shall disclose to the AAA any information or circumstances that may be likely to prevent a prompt hearing, create a presumption of bias, or create a conflict of interest. Upon receipt of such information, the AAA shall either replace that person or communicate the information to the parties for comment. The parties must provide comment to the AAA with ten (10) business days of receipt of the communication. The parties may waive their right to seek disqualification of the arbitrator. If a party seeks disqualification of the arbitrator due to the potentially conflicting circumstances, the AAA shall make the final and conclusive determination concerning disqualification in accordance with AAA rules.
4) Summary Disposition. The arbitrator shall have the authority to issue a decision without conducting an arbitration hearing on the merits if the demand for arbitration fails to state a claim upon which relief may be granted or if there is no genuine issue as to any material fact and that a party is entitled to a judgment as a matter of law, consistent with Rule 12 or Rule 56 of the Federal Rules of Civil Procedure. Such decision shall be in writing and include the legal and/or factual basis for same. Upon the request of either party, the arbitrator will establish a briefing schedule and, if necessary, schedule an opportunity for oral argument prior to considering such motions for summary judgment.
5) Date, Time and Place of Hearing. The arbitrator shall set the date, time and place of the hearing, written notice of which must be received by the parties from the AAA or arbitrator at least ten (10) business days in advance of the hearing, unless the parties agree otherwise.
6) Representation. Any party may be represented by an attorney through the arbitration process or by him or herself. All attorneys are required to file and serve a Notice of Appearance no later than thirty (30) calendar days prior to the date set for the hearing.
7) Confidentiality. All arbitration proceedings under The Hartford’s Arbitration Policy are private and confidential, unless applicable law provides to the contrary. The arbitrator shall be responsible for maintaining the privacy and confidentiality of the arbitration hearing and, in accordance with applicable laws, shall have the authority to make appropriate rulings to safeguard that confidentiality.
8) Attendance at Hearing. The arbitrator shall have the authority to require the exclusion of any witness, other than a party, or other essential person, during the testimony of any other witness. In general, any person who has a direct interest in the arbitration is permitted to attend the arbitration hearing. The arbitrator shall determine whether any other person may attend the hearing.
9) Postponements. The arbitrator, for good cause shown, may postpone any hearing upon the request of a party or upon the arbitrator’s own initiative, and shall also grant such postponement when the parties agree to a postponement.
10) Oaths. Before proceeding with the first hearing, the arbitrator may take an oath of office and, if required by applicable law, shall do so. The arbitrator may require witnesses to testify under oath administered by a duly qualified person and, if it is required by applicable law or requested by any party, shall do so.
11) Stenographic Record. Each party may request a stenographic record of the arbitration hearing. The party that requests the record shall bear the full cost of such a record and will be the only party entitled to it; however, if both parties request a record or if one party is granted access to a record that was requested by the counterparty, the cost shall be borne equally by the parties.
12) Arbitration in the Absence of a Party. Unless applicable law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of the award.
13) Discovery.
a) Pre-hearing Submissions. At least forty-five (45) calendar days prior to the hearing, the parties are required to exchange lists of witnesses, including any expert witness, who the parties anticipate will be called at the hearing. In addition, the parties are required to exchange copies of all exhibits the parties intend to introduce as evidence at the hearing at least thirty (30) calendar days prior to the hearing.
b) Interrogatories. Each party shall be entitled to propound and serve upon the other party one set of interrogatories in a form consistent with Rule 33 of the Federal Rules of Civil Procedure.
c) Requests for Production of Documents. Each party shall be entitled to propound and serve on the other part one set of Requests for the Production of Documents in a form consistent with Rule 34 of the Federal Rules of Civil Procedure, and which shall be limited in number to twenty-five (25) requests (including subparts, which shall be counted separately). Parties reserve the right to make objections to any document requests on grounds that the request is irrelevant, overly broad, vague, or burdensome, or any other good faith objection available under the Federal Rules of Civil Procedure.
d) Depositions. Each party shall be entitled to conduct a maximum of two depositions of witnesses or of the parties in accordance with the procedures set forth in Rule 30 of the Federal Rules of Civil Procedure. Each deposition of witnesses or parties shall be limited to a maximum of seven hours on a single day. In addition, each party shall be entitled to conduct one deposition, limited to a maximum of seven hours on a single day, for each expert witness designated by the other party.
e) Physical and Mental Examinations. Each party shall be entitled to obtain discovery consistent with Rule 35 of the Federal Rules of Civil Procedure.
f) Arbitrator Authority. The arbitrator shall have the authority to resolve all issues concerning discovery that may arise between the parties; however, the arbitrator may modify the discovery limits only upon the mutual consent of the parties. In addition, the arbitrator shall have the authority to issue subpoenas for the appearance of witnesses or the production of documents pursuant to applicable law.
14) Briefs. Each party shall be entitled to file a pre-hearing brief and/or post-hearing brief with the arbitrator setting forth legal and factual arguments. The arbitrator shall have the authority to set deadlines for the filing of such briefs to avoid undue delay in the proceedings.
15) Evidence. The Federal Rules of Evidence shall apply in relation to the admissibility, relevance and materiality of the evidence offered. However, the arbitrator shall make the final rulings on evidence.
16) Closing and/or Reopening of Hearing. The arbitrator shall determine whether the parties have any further evidence to offer or witnesses to be heard and, upon such determination, shall declare the hearing closed. The hearing may subsequently be reopened on the arbitrator’s initiative, or upon application of a party, at any time before the award is made. The arbitrator may reopen the hearing and shall have thirty (30) calendar days from the closing of the reopened hearing within which to make an award.
17) Waiver of Procedures. Any party who proceeds with the arbitration after knowledge that any provision or requirement of these procedures has not been complied with, and who fails to state objections thereto in writing, shall be deemed to have waived the right to object.
18) Time of Award. The award shall be made promptly by the arbitrator unless otherwise agreed to by the parties or specified by applicable law. The arbitrator shall be instructed to make the award within thirty (30) calendar days of the hearing or as soon as possible thereafter.
19) Award.
a) Form. The award shall be in writing and shall be signed by the arbitrator. If a party submits a request for a written opinion at least thirty (30) calendar days prior to the hearing, the arbitrator shall issue an opinion in writing that sets forth in summary form the reasons for the arbitrator’s determination. All awards shall be executed in the manner required by law.
b) Scope of Relief. The arbitrator shall have the authority to grant any remedy or relief (including attorney’s fees where authorized by statute) that the arbitrator deems just and equitable and which is authorized by and consistent with applicable law, including applicable statutes of limitations on damages. The arbitrator shall not have the authority to award damages or penalties to any entity or individual who is not a party to the arbitration. If the arbitrator finds that your or The Hartford’s demand for arbitration is frivolous, vexatious, or otherwise not filed in good faith, the arbitrator shall have the authority to award attorney’s fees to the other party in accordance with applicable law.
c) Final Judgment. The award shall be final and binding upon all parties to the arbitration.
20) Delivery of Award to Parties. The award shall be deemed delivered to a party upon placement of the award, or a true and correct copy thereof, addressed to the party or its representative at the last known address, in the U.S. Mail, certified, return receipt requested; personal service of the award, or a true and correct copy thereof; or the filing of the award in any manner that is permissible by applicable law.
21) Severability. If any portion of these procedures is held to be void or unenforceable, the remainder of these procedures will be enforceable and any part may be severed from the remainder, as appropriate.
22) Judicial Proceedings and Enforcement of Awards. Consistent with the FAA, either party may bring an action in a court of competent jurisdiction to compel arbitration under these procedures, to enforce an arbitration award, or to vacate an arbitration award. Neither the AAA nor any arbitrator in the proceeding under these procedures is a necessary party in judicial proceedings relating to the arbitration.
23) Expenses. The expenses of witnesses for either side shall be paid by the party requiring the presence of such witnesses. Each side shall pay its own legal fees and expenses, except as where such legal fees and expenses may be awarded under applicable law. All other expenses of the arbitration (except Postponement Fees or Additional Hearing Fees resulting from the actions or inactions of a party or party’s representative), such as required travel or other expense of the arbitrator (including any witnesses produced at the direction of the arbitrator), and the expenses of a representative of AAA, if any, shall be paid completely by The Hartford. This allocation of expenses may not be changed by the arbitration award. However, if the arbitrator finds that your or The Hartford’s demand for arbitration is frivolous, vexatious, or was otherwise not filed in good faith, the arbitrator may fashion remedies in accordance with applicable law.
24) Service of Notice. Any notice under these Arbitration procedures, for any related court action, or for entry of judgment on an award made under these procedures, may be served on a party by the U.S. Mail or by a commercial express delivery service, addressed to the party or its representative at the last known address, or by personal service, in or outside the state where the arbitration hearing is to be held. The AAA, the arbitrator, and the parties may also use facsimile transmission or other written forms of electronic communication to give the notice required by these procedures, provided that such notice is confirmed by telephone or subsequent mailing to all affected parties.
25) Time Period of Arbitration. The written demand for arbitration must be received within the time in which an administrative charge or complaint would have been filed if the claim is one which could be filed with an administrative agency. If the arbitration claim raises an issue that could not have been filed with an administrative agency, then the claim must be filed within the time set by the appropriate statute of limitation.
26) Governing Law. When considering a claim and making an award, the arbitrator shall apply the substantive laws of the state and federal jurisdiction in which you were employed by The Hartford, without regard to its choice or conflict of laws provisions. Notwithstanding the above, The Hartford’s Arbitration Policy shall be interpreted in accordance with the FAA.
27) Interpretation and Application of Procedure. The arbitrator shall interpret and apply these procedures insofar as they relate to the arbitrator’s powers and duties. All other procedures shall be interpreted and applied by the AAA rules.
E. Questions or Concerns
Questions concerning this Policy, how to initiate arbitration, or any items provided above, should be directed to your manager, human resource business partner, or to Employee Relations by submitting a request via the following link Contact Employee Relations.
Revision: 12/24/25