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What is Employment Law Arbitration?

What is Employment Law Arbitration?

Employment Law Arbitration… Explained

Employment ArbitrationArbitration is a method to handle some legal issues without going to court, or prior to a case going to court.  Employment law arbitration is often required before the case goes to court. Because most employment law attorneys know this, some will suggest that employment law arbitration be conducted before filing a lawsuit. Arbitration allows both sides of a conflict to air their differences. Each side discusses the problem and a judge, or panel of judges decide how to reach a compromise between the two parties.

Because arbitration is such a useful tool, many employers prefer to use arbitration as a way of settling employment issues. Some will maintain an employment attorney on staff to conduct arbitrations informally within the organization. Some companies will ensure that a clause is included with all employees who are on contract that if they become disgruntled, that they will agree to settling their differences in arbitration. The rules of arbitration are not as strict as those in a court of law. Because of the relaxed atmosphere, many people find arbitration less traumatic than going to court.

Don’t Attend and an Arbitration Without A Lawyer

No one should let the relaxed atmosphere of employment law arbitration lull them into a false sense of security. It is still an important hearing and you may need to take an attorney with you.  You may rest assured that the employer or company will have an employment attorney to represent their side of the argument.

Arbitration is conducted very much like a hearing in a court of law. Some employment law arbitration cases are even held in court rooms.  Both sides of the conflict will negotiate with a judge, or hearing officer present to ensure that both sides are conducting themselves in accordance with the law. When an agreement between the sides is reached, legal documents are drawn up detailing the result of the arbitration process. This new contract between the parties often contains clauses that prevents either side from maligning the other. It will also usually include guidelines by which each side will conduct any future conflicts between them on the same issue.

Advantages to Arbitration

Arbitration offers many advantages that regular trial court does not besides the more relaxed atmosphere. It is 99.9% binding in most states. One of the benefits is that neither party can appeal the decision of the arbitrator (judge, attorney, or employment law expert) who conducts the arbitration. Unlike a court of law where a decision may be tied in court for many years with appeals, the arbitration process provides a decision that cannot be appealed.

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