Mediation is a process through which disputes are solved by the assistance of a third party known as the mediator without the assistance of a judge or a jury.
However, in mediation the two parties to a dispute embark on the process individually and a mediator who may not necessarily be a lawyer is involved and known as the third party. The mediator’s position is to promote the parties’ talking to each other, to define the interests and goals they have in common, to find the compromise which will provide an adequate and just solution to the problem.
The advantage of mediation include among them a chance to air their grievances in an organized and secure manner. Litigation may be more adverse in comparison to mediation in that the relationships that could be valuable in future employment may be maintained. Also, the mediator can explain what the other side wants and needs to understand what should be done to make both parties happy. Fortunately, mediation sessions are usually conducted in camera, which mean that your information will be safeguarded.
Mediation is an excellent choice for employment matters like wrongful dismissal, employer/employee harassment, wages and compensation issues, or discrimination. Usually, when conflict gets to this level, it is because both people want to resolve the conflict and can easily find themselves at odds. Because of this, a mediator can be a help in helping both sides come up with solutions they may never come up with if they were in court. Besides, with the help of the mediator, the conflict does not reach a worse stage, and everyone gains a solution that will save money; time and energy associated with the legal battle.
However like most mediations it is not legally binding and neither party is compelled to act on the recommendations made by the mediator but the process does culminate in a mutually satisfactory outcome. As I mentioned, mediating always come to an agreement, in this, they can draw and sign what is called the legal protection document in order to protect such agreement from trial.
Arbitration
Arbitration is another way of ADR where the employment disputes can be solved without trial. Arbitration is a slightly more formal than mediation, and both are undertaken outside the legal system. Arbitration involves having a third person (the arbitrator) hear the two parties, get to review the evidence, and then make a final decision. Arbitration is different from litigation in that it is the culmination of the result and its reach implicates each party to adhere to the arbitrator’s decision.
Arbitration is also cheaper and faster than litigation most of the time due to shorter lengths of time than those in court trials. It also entitles more privacy since arbitration affairs are ranked or conducted in a manner that is not accessible by the public as in the courts wasa. That’s why, in cases when an employer or an employee wants a fast and immediate solution to the conflict arising out of the contract of employment, the option chosen is arbitration.
There are also legal provisions which allow employers to include provisions of legally binding arbitration mechanism which compel the actual party-involved, that is, the employee to resort to arbitration and not the law court. Still, the arbitration is effective when both of both parties agree to refer their differences to an arbitrator. The use of arbitration is particularly helpful in wage and hours’ cases, employee covenants, not to compete, unlawful dismissal, and other contractual relations.
The benefits of arbitration are speed and the fact that arbitration procedures are less rigorous than legal proceedings. That said, arbitration is final and the decision of the arbitrator cannot be appealed like a trial judgement. For that reason, we ensure you understand different consequences of entering into arbitration. Our lawyers will study the case and advise you on whether or not you should go for arbitration.