The relationship between an employer and employee can be fragile. When both parties see eye-to-eye and are happy with compensation, benefits, and performance, everyone can be productive. However, it may not take much to rock the boat.
When a dispute arises, the employer-employee relationship can sour quickly, making differences difficult to resolve. Thankfully, there are a variety of legal methods to resolve an employment dispute that can help both parties get to a fair resolution and move forward.
- Mediation: Many think of mediation as the most peaceful method for resolving employment disputes. Essentially, it requires both parties to work together to compromise and negotiate a resolution. A mediator will serve as a neutral third party to keep discussions on track and help parties reach an agreement.
- Arbitration: This is a more formal process than mediation and typically results in a binding decision made by an arbitrator. Arbitration can be appealing because it is typically a less expensive process than a trial in district court, and because a final decision can be reached in less time.
- Litigation: Typically considered the last resort, litigation is the most formal method of resolving a dispute. It can also be the longest and most costly option. However, many people often expect or hope for litigation so that they can make their case in front of a judge or jury.
Each of these options has both drawbacks and benefits for both parties, and what might work for one situation may not be appropriate in another. Consequently, it can be crucial for people who are involved in an employment dispute to consult an attorney.
With legal guidance, you can make informed decisions about the method of dispute resolution you want to pursue or are required to pursue if you are involved in a dispute involving employment law. An attorney can also help you prepare for and navigate the legal process, whether it involves mediation, arbitration and/or litigation.