Effective Use of ADR in Employment Cases

There are many reasons that people are hesitant to pursue legal action for discrimination or harassment in the workplace, the most common being fear of retaliation. In other cases, however, people may resist complaining about these practices simply because they otherwise like their employers, are happy with their jobs and are afraid that taking legal action will change the dynamic of that relationship. In cases where there is a potential for a useful dialog between employer and employee, alternative dispute resolution (ADR) may be an option that allows you to obtain satisfaction for your complaints while avoiding the expense, stress and resentment that can come from litigation.

New York City, New Jersey & Philadelphia Employment Attorney Derek Smith
Caroline Hope Miller | Philadelphia Employment Law Attorney | Philadelphia Sexual Harassment Lawyer | Philadelphia Employment Discrimination Attorney | Newark Jersey City

Here are some facts about alternative dispute resolution:

  • Mediation is a practice by which both parties agree to meet to discuss their issues and a possible resolution under the supervision and guidance of an impartial mediator. The mediator is simply a facilitator and does not force an agreement upon either party, but rather attempts to broker a mutually agreeable settlement.
  • Arbitration, on the other hand, involves the submission of a controversy to one or more impartial arbitrators mutually agreeable to the parties. These arbitrators review evidence and argument and may hold an informal trial before rendering a decision.

Mediation and conciliation are common tactics in employment dispute resolution. In fact, both the Equal Employment Opportunity Commission and the New York City Commission on Human Rights utilize mediation and conciliation as part of their standard complaint resolution procedures. In 2012, the EEOC resolved more than 1,500 cases through successful mediation or conciliation.

Parties involved in civil litigation can also frequently use arbitration and mediation to amicably resolve workplace discrimination and sexual harassment lawsuits without the need for a full trial. While ADR is not appropriate for all cases, a New York City employment law attorney can better advise you if it would be a good option in your case.


Derek Smith Law Group, PLLC

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