Filing the demand

Why this matters

The demand is the paper that starts your case. It names your claims, says what you want, and fixes which rules apply. A clear, accurate demand sets a good tone. A thin or exaggerated one invites objections and costs you credibility with the people who will decide your case.

This is general information, not legal advice.

Where you file

Your arbitration agreement names the administrator, most often the AAA or JAMS. File with the one it names. If it names no one, read it carefully and consider a lawyer consult before choosing.

AAA

You file a Demand for Arbitration, the filing fee, and a copy of the arbitration agreement, through AAA WebFile or at an AAA office. The demand must name the parties, state the claim and the relief sought, and say where you ask for the hearing to be held. The AAA rules are blunt about incomplete filings:

"The filing fee must be paid before a matter is considered properly filed."

and

"Cases that do not meet these filing requirements will be returned and will not be considered to have been filed with the AAA."

That matters if you are close to a deadline. File early enough to fix problems.

JAMS

Under the JAMS rules, the Demand for Arbitration is your notice of claims. Rule 9(b) says it "shall include a statement of the remedies sought." The employer has 14 days to respond under Rule 9(c). JAMS considers an arbitration commenced when it issues a Commencement Letter (Rule 5(a)).

Which version of the rules applies

Administrators update their rules. The version in effect when you file usually controls.

• AAA Rule R-1 says the rules and any amendment "shall apply in the form in effect at the time the administrative requirements are met for a Demand for Arbitration." The AAA decides first which rules and fee schedule apply. Either side can object by the answer deadline, and then the arbitrator decides.
• JAMS Rule 3 says the rules in effect on the date the arbitration commences apply, unless the parties agreed on another version.
• The current AAA employment arbitration rules are the version amended and effective May 1, 2025. The JAMS employment rules are the version effective June 1, 2021. Check both sites on the day you file.

Write down the version you are using and keep a copy. If you cite a rule later, cite the right one. Rule numbers and motion standards differ between versions, and citing the wrong one makes you look unprepared.

What it costs and who pays

Fees change, so confirm them on the day you file. These were the terms when we checked in October 2026.

AAA

• When an employee files a single-arbitrator case, the employee's filing fee is capped at $350, unless the clause provides that the individual pays less. The fee schedule marks it non-refundable.
• The company pays its own filing fee, a case management fee, hearing room rental, and the arbitrator's compensation and expenses. The fee schedule says the company pays the arbitrator's compensation unless the individual, after the dispute arises, voluntarily elects to pay a portion.
• Under Rule R-52, the AAA may waive the employee's administrative fees in the event of extreme hardship. If money is tight, ask.
• A three-arbitrator panel has the same $350 cap for the employee.

JAMS

• For an agreement required as a condition of employment, Rule 31(c) says the only fee an employee may be required to pay is the initial JAMS Case Management Fee. The JAMS minimum standards say the same and add that all other costs must be borne by the company. Check the current JAMS fee page for the amount.

Check your state

• Some states have laws about who pays for arbitration of employment claims. Your agreement may also say something different from the administrator's schedule. If the two conflict, ask the administrator in writing which controls.
• New York example. New York court procedure does not govern an arbitration, but state law may still affect what a clause can require. Check before assuming a fee term in your agreement is enforceable.

What to put in the demand

Rules require little. Good practice requires a bit more. A strong demand is short, accurate, and organized.

1. The parties. Your name and contact information. The employer's correct legal name and an address for notice.
2. The agreement. Name it, date it, and attach it.
3. The claims. List each claim by name and the law behind it.
4. The facts. Give a short chronology of the events that support each claim. Use dates and plain words.
5. The relief. Say what you want, such as back pay, front pay or reinstatement, damages for emotional distress, liquidated damages where the law allows them, interest, and attorney's fees and costs if applicable.
6. The hearing location. Say where you ask for the hearing, and note any request for a particular format.

Do not try to prove your case in the demand. State enough facts to show each claim and stop.

Keep claims focused

It is easier to drop a claim than to add one. After an arbitrator is appointed, amendments usually need permission and can be denied. So include every claim you might want. But do not pile on theories with thin records.

A short list of strong claims beats a long list of weak ones. Weak claims dilute strong ones and cost credibility. Pick a few themes you can prove with documents and let the rest go.

Know which claims carry which damages

Different laws give different remedies. Under the FMLA, a violating employer owes lost wages and benefits, interest, and an equal amount as liquidated damages unless it proves good faith and reasonable grounds. Courts must also award reasonable attorney's fees to a prevailing plaintiff. Emotional distress damages are not part of that list. State and local human rights laws may allow emotional distress, punitive damages, and fees. If you drop your state or city claims to focus on the federal one, you may give up some of the most valuable remedies.

Check your state

• Remedies under state and local laws differ a great deal. Read your state's statute.
• New York example. New York has state and city anti-discrimination laws that may offer remedies beyond federal law. Read both statutes before you decide which claims to include.

Be careful with the dollar figure

The amount you demand can anchor the case and be quoted back to you. Base it on a damages worksheet, not on frustration. An unsupported number damages credibility. Chapter 12 covers damages.

Make early choices on purpose

Some choices, such as narrowing a claim or keeping emotional distress to an ordinary level, can mean giving up related claims or remedies. Later inconsistency invites a fight over waiver. Make these choices deliberately and keep to them. Chapter 1 and Chapter 7 explain more.

Plain-language tips

• Use short sentences and plain words. Skip legalese.
• Avoid sweeping words such as "always" or "never" unless the record supports them. Overstatements get audited later.
• Be moderate. Describe what happened, not how you feel about the people.
• Cite documents by exact title and date when you can.
• Check every fact against your facts file before you file.
• Keep a copy of exactly what you filed, with the date, the confirmation, and the payment receipt.

After you file

Expect a response with a long list of one-sentence defenses and a reservation of the right to add more. Treat those as placeholders to be tested in discovery. You will want to learn early which defenses have facts behind them. Chapter 6 and Chapter 9 explain how.

Confirm how documents are served and how time is counted under the rules and the administrator's instructions. Keep proof of every filing and delivery. Disputes about timing waste time you cannot spare.

Checklist before you file

• Agreement read and attached.
• Administrator and rules version identified.
• Fee amount confirmed on the current schedule.
• Hardship waiver considered, if needed.
• Claims chosen and each tied to a law.
• Facts checked against your facts file.
• Relief listed, with a dollar figure you can support.
• Filing receipt saved.

Next: Chapter 3, Your arbitrators.

Sources

• AAA Employment Arbitration Rules and Mediation Procedures (PDF)
• AAA Employment/Workplace Fee Schedule (PDF)
• AAA Employment/Workplace landing page
• JAMS Employment Arbitration Rules
• JAMS Employment Minimum Standards of Procedural Fairness
• 29 U.S.C. 2617, FMLA enforcement