By Thomas Ricotta on February 19th, 2018 in In The News
Are you having an issue regarding overtime pay with your employer? Do you believe you were wrongfully terminated from your job? If so, you may be inclined to file a lawsuit against your employer. While litigation is effective and can help you achieve the outcome you desire, there are other alternatives you may consider
Battling out your case in court can be time-consuming and costly. The good news is that there are viable alternatives to the courtroom. If you have an employment matter that you would like resolved quickly and easily, consider workplace mediation.
Mediation allows both parties to work toward an agreement that will benefit both of them. As a result, the parties will be better able to work together and collaborate in the future. Mediation helps open the lines of communication so that the issue can be resolved effectively. Litigation, on the other hand, focuses on winners vs. losers.
Arbitration vs. Mediation
Arbitration and mediation are both forms of alternative dispute resolution but differ in some ways. Arbitration is essentially a simplified version of a court trial. The arbitrators have to abide by a set of rules and they have a neutral third party (which can be one or more people) act as judge and jury. The resolution can be enforceable in court if the parties agree to binding arbitration.
Mediation, on the other hand, uses a third party to help the parties come to a reasonable solution. Nobody wins or loses. Instead, the focus is on clarifying the issues, constructive communication, compromise, and negotiation. The mediator is there to answer questions along the way and move things along but does not side with either party.
Agreements made during mediation are not legally binding. However, once a resolution is reached, the parties can sign a contract. Mediation works best for those who have an amicable relationship and can work together toward common goals.
When to Use Mediation
If the parties are willing to work together, they can use mediation for almost any workplace disagreement. Mediation especially works well in the following situations:
- Performance issues
- Employee disputes
These situations can all lead to expensive lawsuits if not dealt with appropriately. Therefore, it is advantageous for employers to consider mediation rather than litigation. Mediation can help employees and employers work through key issues.
Contact New York Employment Law Attorneys
Taking your case to court is not the only way to get the results you desire. Arbitration and mediation are also good ways to get the outcome you want but for less time, expense, and reduced risk.
If you are facing a legal situation with your employer, consider the benefits of workplace mediation. The experienced mediation certified lawyers at Ricotta & Marks, P.C. can help. We are prepared to help mediate various employment situations. To learn more, contact our firm today at (347) 464-8694.