Employment Arbitration Attorneys
Almost everyone will have some sort of dispute at their workplace, sometimes some that will lead to litigation and lawsuits. Not all disputes can be solved by the long, costly process of litigation, though. This prompts employers and employees to consider other means of resolution, such as arbitration and mediation. These are both alternative methods to resolving issues, but have a few differences.
Arbitration is a means of resolution in which hearings are conducted by an arbiter. This type of hearing is not as strict in limitation as to which evidence may be presented. Arbiters may consider all relevant evidence and testimony when conducting arbitration, such as hearsay. This type of hearing can either be binding or nonbinding, the former of which means the parties have waived their right to a trial, agreeing to accept the arbiter's decision. The latter means they may ask for a trial if they do not agree on the arbiter's decision. For the most part, however, his decision is final and cannot be appealed.
Should those want to seek arbitration in a dispute, the law states both parties need to agree to such in writing beforehand. Usually, most labor contracts contain the provisions of arbitration should a need arise in employment controversy, such as benefits claims or wrongful termination. Employees have the right to make such claims thanks to due process, which states the government needs to respect all of the rights owed to a person.
As previously mentioned, mediation is another, separate means of resolving employment dispute. Like the arbiter in the previous scenario, a neutral mediator is assigned to the case. The mediator is usually a lawyer, a retired judge or businessman. He states aloud the conflicts and desires of either party, discusses the legal points and helps resolve the issue fairly for both parties without judgment or decisions. This is a common method among employment methods.
Certain scenarios in which mediation may provide use are cases of wrongful termination or other breaches of contract, sexual harassment suits in which a worker threatens to file charges, an employer claiming to justify terminating a employee before the end of the contract and disagreements with changes to the contract.
To reiterate, mediation is like arbitration in that they must agree to the process because the parties in question need to practice good faith to solve the problem at hand. However, they also differ in a couple of ways. The results of arbitration are often final. Mediation is always nonbinding and is a means to help parties reach a voluntary agreement with the assistance of the mediator.