Do I have a valid case against my former employer for breach of contract?
The breach of contract stems from a termination dispute with former employer which I believe to be a wrongful termination amongst other claims. After going through internal appeals process, the company and I agreed to engage in a formal mediation. I believe the company breached the terms of our agreement.
In the contract that I signed and agreed to, it stated throughout the document that my case would be processed and mediation would be conducted by the services of the American Arbitration Association (AAA) and the portion of money I was required was to be paid directly to the AAA for the cost for conducting mediation. The forms do not include any disclaimers or mention of any other third-party mediation services except the AAA.
I contacted the AAA to gain access to my case. In which I learned that my case and the money I paid was never submitted to the AAA for processing. I find that mediation company and mediator that my employer hired are not even an affiliate of the AAA.
So, what I am trying to figure out is, by the company electing to hiring a mediator outside the agree upon mediator/ mediation services, would it be considered a breach of contract?
