Alternative Dispute Resolution Methods in Employment Disputes

 Posted on January 18, 2019 in Employment Law

If you believe that you will be a party to an employment law dispute, such as a disagreement between an employer and employee about wages and hours, you may be wondering how the dispute will come to an end. In many cases, parties who have asked a court to settle their legal issues leave the process unsatisfied and not on good terms with one another.

Alternative dispute resolution (ADR) is an option for resolving workplace disputes that focuses on finding a solution or compromise that will be workable for both parties. One benefit of this process is that it can result in a continued working relationship between the employer and employee after the dispute has been resolved, which appeals to many people in this situation. 

What Is Alternative Dispute Resolution?

Litigation in court is the traditional method of settling legal disputes, and it is adversarial in nature. At the end of the litigation, a judgment will be made by a court and both parties will be bound by it. 

Alternative dispute resolution, on the other hand, seeks to produce a settlement between the disputing parties. ADR is regarded as a way to get to a place of reconciliation or accommodation. In this way, it is often a more gentle method of dispute resolution that is more satisfying for both parties.

ADR includes a range of methods for resolving disputes and conflicts. These methods include mediation, arbitration, ombudspersons, and peer review.

Why Is Alternative Dispute Resolution Useful in Employment Disputes?

ADR provides many benefits for workplace disputes and has become increasingly popular in the area of employment law. These benefits include:

• The parties are often able to select the mediator or arbitrator.
• The employee and employer may be able to work together to determine the outcome, rather than leaving it up to a third party such as a judge.
• Agreements developed by the parties themselves are more likely to be adhered to and accepted than one that is been imposed by a judge.
• The atmosphere of alternative dispute resolution is less formal than courtroom proceedings.
• Alternative dispute resolution can save time and money.
• There is often less risk for the parties, since they are usually free to reject suggestions made by a mediator and terminate the process in favor of traditional dispute resolution methods.

Contact a Milwaukee Employment Law Attorney

If you are involved in an employment dispute, you may have more options than you realize. Our skilled Milwaukee, WI employment lawyers can advise you on ways to resolve your legal issues while making sure you understand your rights.

Alternative dispute resolution is not the right option for every case, but many parties have found that it presents some key advantages. To discuss these advantages and any possible disadvantages, call our firm today at 414-271-1440.

Sources:

http://www.cornellhrreview.org/understanding-adr/

https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/