Differentiating Between Mediation and Arbitration
In an employment law case, going to trial is often not in the best interests of either party. Reaching a resolution through mediation or arbitration may save valuable time and resources for everyone involved.
I represent California employees who have been discriminated against or harassed by their employers. To schedule a free consultation to discuss your case and settlement options, contact me, Stephen R. Jaffe, Employment Lawyer.
Understanding Arbitration
Arbitration is a form of alternative dispute resolution (ADR). It can be either voluntary or mandatory depending upon contractual obligations. Arbitration is a substitute for a trial. A decision, known as the arbitration award, is handed down by a neutral arbitrator or panel of arbitrators rather than by a judge or jury.
Lawyers representing both sides of an issue have an opportunity to present evidence and make arguments to the arbitrator or panel of arbiters. Upon entering into mandatory binding arbitration, both parties are bound to the award given by the arbitrator.
Understanding Mediation
Mediation, another form of ADR, is always voluntary. It involves both sides of a dispute agreeing to choose a neutral third party to assist with resolution. The opposing parties meet with the mediator and work together toward reaching an agreement.
Mediation is always voluntary and non-binding. If collaboration and negotiations fall through, the case can proceed toward trial. All information revealed during mediation is confidential and cannot be used at a later time.
The Role on an Employment Law Attorney
As your legal counsel, I represent your interests during arbitration or mediation. My experience in doing so has lead me to become an advocate of using alternative disputes resolution, in particular, mediation, whenever possible.
Mediation has no downside or risk. If it fails, you are in no worse situation than before. In the majority of my mediation cases, a satisfactory settlement is reached in a relatively cost-effective manner.
Contact my San Francisco Office at 415-618-0100 to discuss your employment law issue with a skilled lawyer. Arbitration or mediation may be an option for effectively resolving your concern.
Stephen R. Jaffe, Employment Lawyer
101 California Street
Suite 2450
San Francisco, CA 94111
Phone: 415-618-0100
Fax: 415-618-0080
