Arbitration is a form of alternative dispute resolution that can help resolve employment law cases. It involves submitting the dispute to a neutral third party, known as an arbitrator, who listens to both sides of the case and makes a binding decision.
The attorneys at Shimoda & Rodriguez Law, PC, have significant experience in arbitration cases.
When Is Arbitration The Best Approach?
Arbitration can be a good approach for employment law cases in certain circumstances. If there is a mandatory arbitration clause in your employment contract, known as an employment arbitration agreement, arbitration may be the only option. If you don’t remember signing employment arbitration agreements, there may be a clause in the employee handbook.
However, if both parties agree to arbitration voluntarily, they may find that the arbitration process is faster than traditional litigation due to fewer procedural requirements. Arbitration can also provide those involved with a discreet resolution, as the proceedings and arbitration agreement can remain confidential. This level of confidentiality can help protect the parties’ privacy and reputations.
Additionally, arbitration can be more cost-effective than traditional litigation because the process is generally faster, and there are fewer procedural requirements, which can result in lower legal fees.
But, there are also situations where arbitration may not be the best approach. For example, if you want to preserve your right to appeal the decision, arbitration may not be the best option, as the arbitrator’s decision is generally final and binding.
Whether arbitration is the best approach for your employment law case will depend on a variety of factors. It’s important to speak with an experienced employment law attorney, like those at Shimoda & Rodriguez Law, PC, who can help you make an informed decision.
What Is The Difference Between Arbitration And Mediation?
Mediation is a process in which a neutral third party, called a mediator, helps the parties in a dispute reach a mutually acceptable resolution. The mediator does not make a decision but instead facilitates communication between the parties, helps them identify issues, and explores possible solutions. The goal of mediation is to help the parties resolve the dispute without going to court.
Whereas arbitration is a process in which a neutral third party, called an arbitrator, listens to the evidence and arguments presented by both parties and makes a binding decision.
In employment law cases, both mediation and arbitration can be used to resolve disputes such as discrimination, harassment, wage and hour violations, and breach of contract.
What Happens During Arbitration?
While each employment law case is different, here is an overview of a standard arbitration proceeding in California:
Selection of an arbitrator:
The parties in the dispute usually agree on an arbitrator, who may be chosen from a list provided by a neutral organization or chosen by the parties themselves. The arbitrator should be impartial and experienced in employment law.
Pre-hearing procedures:
Before the arbitration hearing, the parties may engage in discovery to gather evidence and witness statements. The arbitrator may also issue pre-hearing orders to address procedural matters or other issues that may arise.
Arbitration hearing:
The arbitration hearing is similar to court trials, but the procedures may be more flexible and less formal. The parties present evidence, call witnesses, substantiate employment-related claims, and present arguments to the arbitrator. The arbitrator may also ask questions and seek clarification from the parties or witnesses.
Decision:
After considering all the evidence, applicable case law, and arguments presented at the hearing, the arbitrator will make a decision, which may be in the form of a written award that outlines the arbitrator’s findings and conclusions.
Enforcement:
Once the arbitrator issues the award, the parties must comply with it. If a party fails to comply with the award, the other party may seek to have it enforced by a court.
Non-Binding Arbitration
Depending on the case, non-binding arbitration may be needed. It can be a useful tool for resolving disputes because it allows the parties to have a neutral third party evaluate their positions and provide a non-binding opinion on the merits of the case, which can help the parties to better understand their respective positions and the strengths and weaknesses of their cases.
Shimoda & Rodriguez Law, PC Has Significant Experience In Employment Law Arbitration
If your employer violated your rights and you signed an employment arbitration agreement, we can help. The lawyers at Shimoda & Rodriguez Law, PC have significant experience in multiple areas of California and federal laws meant to protect employees.
Contact an attorney in our office for a free consultation and skilled representation for your case. We provide phone consultations. To speak with an attorney, call us at 833-201-0213 or send our firm an email. We will promptly return all email contacts with a phone call.