If you are involved in an employment dispute, you might wonder if you must go to court. You may be wondering if you must let the court decide the outcome of your case. Well, employment disputes do not have to be taken to court. An alternative dispute resolution is an option for some of these cases. However, it is best to let an attorney help you determine whether you should resolve your employment dispute in court or through an alternative dispute resolution method. Read on to learn more about alternative dispute resolution.
Common Types of Employment Disputes
Various things result in employment disputes. First, an employment dispute may arise if an employer wrongfully terminates an employee. Wrongful termination arises when an employer goes against company policy or the law when firing a worker. Secondly, an employment dispute may arise because of discrimination. Employment discrimination occurs when a worker is treated unfairly or unequally due to specific characteristics, such as race, gender, age, ethnicity, sexual orientation, or national origin. Additionally, an employee could find themselves in the middle of an employment dispute revolving around leave days.
Alternative Dispute Resolution for Employment Disputes
Alternative dispute resolution, or ADR, is any means of resolving disputes outside of court or without litigation. Mediation and arbitration are two examples of ADR methods used in employment cases.
Disputing parties meet with a neutral third party called a mediator during the mediation process. The work of a mediator is to facilitate communication between the disputing parties and help the parties reach a decision. The mediator listens to both sides of the story and tries to bring the disputing parties to a common ground through ongoing dialogue. So in an employment case, mediation would involve you talking the situation through with your employer in the presence of and with the help of a mediator. After talks, you and your employer will reach an agreement. The mediator does not render the final decision.
In arbitration, disputing parties agree to have their case heard by a neutral arbitrator or a panel of arbitrators. The arbitration hearing is comparable to a trial, but the evidentiary and procedural rules involved in arbitration are less formal than the ones involved in a court trial. During the arbitration process, you and your employer will be able to discuss your points of view, but the arbitrator or panel of arbitrators will make the final decision.
Before deciding to arbitrate your employment case, you should know that experts have found that arbitration tends to favor employers more than it favors employees. One of the main reasons employment arbitration tends to favor employers is that employers are repeat players. If an arbitrator or panel of arbitrators wants to be hired by the same employer in the future, they may favor the employer. Before deciding to arbitrate your employment dispute, you should speak to a qualified employment lawyer.
Sometimes employees sign arbitration agreements before they are hired. These agreements require an employee to bring any legal claim against their employer through arbitration. If you have already signed such an agreement, do not despair. A qualified employment lawyer can help you.
Contact Us for Legal Help
Contact our skilled and dedicated New Jersey employment lawyer at the Trabosh Law Firm if you are involved in an employment dispute. We can assess your case, advise you on the best way to handle your case, and offer you the representation you need.