Workplace disputes not only impact productivity but also have the potential to harm your professional reputation. As the workforce generation has evolved, employment disputes have become more common.
Be it wage disputes, employment discrimination, wrongful termination, breach of contract, data, or even disciplinary action, turning towards traditional litigation is daunting for both the employee and employer.
To find an alternative, comparatively less adverse solution, we turn to mediation and arbitration. But how is this approach more effective, what challenges does it have, and how can it play a significant role in resolving your employment dispute?
This blog aims to answer the same questions and explain its role with the help of an Employment Lawyer East Windsor New Jersey.
Mediation and arbitration: How does it work?
Before understanding the role mediation and arbitration play in your employment dispute, let’s examine their approaches.
Mediation is the process of meeting, communicating, and negotiating between both dispute sites to reach a mutually acceptable resolution that suits both.
However, arbitration is a much simpler way of conducting court proceedings.
Through arbitration, the evidence and arguments presented by both parties are examined, and a binding result is reached.
Advantages of mediation and arbitration in employment disputes
Such processes of mediation and arbitration hold significant roles in managing employment disputes.
To understand the same, here are some benefits of mediation and arbitration:
MEDIATION:
- Cost-effective
- Time-efficient
- Confidentiality
- Preservation of working relationships
- Voluntary participation
ARBITRATION:
- Binding decision
- Expert supervision
- Efficient court proceeding
- Reduced formality
While meditation focuses on preserving relations and negotiating through communication, arbitration is more like an expert’s decision after evaluating the case and giving a binding resolution.
Does mediation and arbitration have any drawbacks in employment disputes?
Sure, mediation and arbitration have their distinctive roles in resolving an employment dispute, but what are the challenges of these approaches?
MEDIATION:
- Lack of legal enforcement
- Possibility of no resolution if parties don’t come to a neutral ground
- Imbalance of power between a large employer and an individual employee
- The outcome is only responsible if both parties cooperate
ARBITRATION:
- Limited chances for appeal
- Arbitration is more expensive than mediation
- Chances of a biassed arbitrator
- It is not as flexible as mediation and requires formality
- More time-consuming than mitigation
While both processes have challenges, you should also keep in mind that mediation is beneficial in some disputes, whereas arbitration is beneficial for others.
How do you prepare for a mediation or arbitration?
The roles of mediation and arbitration are clear, and the next question that arises is, how do we proceed with the processes?
- Preparing for a mediation
- Begin with understanding the structure of the mediation process
- Keep ready the documents that are relevant to the case
- Have your objectives, interests, and needs clear what you want to achieve from the mediation
- Practise your presentation
- Note down settlement options
- Seek legal advice
- Preparing for arbitration
- Learn the rules of the arbitration process
- Collect the potential evidence and witness
- Outline the legal strategy
- Practise a cross-examination
- Prepare briefs and exchange the files with your opposition
In addition to these, there are certain tips that you can follow for a well-prepared approach, such as staying professional throughout while keeping in mind emotions and relations.
Conclusion
In conclusion, mediation and arbitration have significant impacts on resolving employment disputes. Employment disputes can affect multiple careers and firms, especially when the dispute is dragged to courtrooms, which gives negative publicity.
Hence, mediation and arbitration, whether through neutral settlement or by implementing legal theories, work towards a favorable resolution for both employee and employer.