Controversy is typically played out through public channels like news media, electoral politics, and social media.

However, employers’ disputes with employees are very damaging to a business than a dispute with an employee. In our current environment, a single major employment dispute can result in the loss of assets because of legal fees and potential jury awards. Handling these disputes can distract, stress, and unnerve any management team. These matters warrant a strategy that minimizes, if not eliminates the disruption and distraction, along with the financial and emotional cost to the business.

Companies in these situations focus on litigation to resolve these employment disputes; however, once litigation is started, it is often difficult to stop, often resulting in huge economic, emotional, and political time and costs being spent by all parties. As such, employers and employees should look to mediate and/or arbitrate these matters rather than pursue legal action.

Mediation or Arbitration, What’s the Difference?

The difference between mediation and arbitration lies in the nature of the judgment taken by the experts. While the decision taken by the arbitrator is binding on the parties, the mediator does not make the judgment but helps the parties in arriving at an agreement.

A simpler way to look at the difference is to look at it this way:

Or if you want the deep dive to fully understand the difference, view the grid below:

What are the 4 common types of employment disputes?

  1. Wrongful termination allegations
  2. Wage disputes
  3. Discrimination and harassment claims
  4. Severance agreements

Why mediate?

  • Mediation avoids the expense and delay of litigation.
  • Mediation engages parties in creative problem-solving.
  • Mediation may lead the parties to adopt solutions that a judge could not or would not direct.
  • Mediation provides the parties a “day in court” and an opportunity to vent.
  • Mediation keeps the dispute and its resolution confidential avoiding public disclosures of private or sensitive matters.

Learn More About Our Mediation and Arbitration Services

Let us help you resolve your employment disputes.