Pasadena Employment Dispute Resolution
Alternative Dispute Resolution Can Help
"ADR," or alternative dispute resolution, refers to a variety of methods that can be used to resolve an employment dispute instead of going through the courts to trial and appeal.
ADR procedures tend to be less formal, more efficient, and less adversarial than the often-expensive and time-consuming process of fighting someone in the courts.
Litigation involves substantial costs for both sides. Taking a court case to a verdict also poses considerable risks to both employer and employee, as juries are famously unpredictable on their results regardless of the logic or soundness of any party's position. It is thus now common for employers to make mandatory ADR a condition of employment. Some of the issues that require specific, appropriate language include:
- Timing
- Confidentiality
- Cost sharing, if any
- Selection of the neutral third party ADR service participants
However, the requirements for a legally enforceable ADR are not only detailed, they are in a state of regular change through the courts. It is in a business's interests to seek out experienced employment law counsel to assist in the creation of such ADR agreements.
Arbitration and Mediation Are Common ADR Methods
Arbitration requires both parties to submit the dispute to one or more impartial persons, with the goal of a final and binding decision. Like a lawsuit handled by the courts, arbitration is adversarial. However, arbitration tends to be far less formal and far more efficient than a formal suit processed through the courts.
Mediation is a supervised negotiation assisted by a neutral person trained, knowledgeable and experienced in such matters. It is a widely popular ADR method as it can result in a voluntary resolution of the dispute, often confidential and often in lieu of a prolonged, expensive battle between the parties that would otherwise hold no certain outcome. The Pasadena, California - based Law Offices of Timothy Bowles is experienced in the implementation and conduct of many ADR procedures, particularly arbitration and mediation.
