2.As a separate and independent agreement,Strohl and Employer mutually agree to arbitrate any controversy, pursuant to the National Rules for the Resolution of Employment Disputes of the American Arbitration Association. Arbitration is the exclusive method to resolve any controversy between the parties, and the results of any such arbitration shall be final and binding. The Arbitrator shall have the authority to award any relief available under law, and the burden of proof shall be the same as if the claim were being asserted in a judicial forum. The Arbitrator shall have the authority to resolve disputes pursuant to the Federal Rules of Civil Procedure. The only types of claims not covered by this arbitration agreement are claims for unemployment or workers' compensation benefits. This agreement does not preclude the employee from retaining a lawyer, or from filing a charge or complaint with any local, state, or federal agency. This agreement merely substitutes an arbitral forum for a judicial forum for the final resolution of any dispute. This mutual arbitration agreement shall be immediately enforceable, and shall remain enforceable, regardless of whether the rest of this agreement is enforceable.
3.Strohl agrees that a mandatory prerequisite to asserting any claim settled or released under this Agreement is the return of all payments made pursuant to this Agreement.