Resolving employment disputes through mediation

Resolving employment disputes through mediation

On Behalf of | May 24, 2023 | Employment Law

Occasionally, employment law disputes arise between employers and employees. These may include disagreements about workplace conditions, compensation, claims of discrimination or other employment-related issues. Mediation may be an option to resolve their dispute.

Common employment disputes

Discrimination claims are some of the most common disputes. These are claims based on race, gender, age, religion and disability, among other protected categories. The employee may claim that they were treated unfairly based on one of these categories.

The employer and employee may have a wage and hour dispute, where the employee states that they were not paid properly, including overtime or were misclassified. An employers may also face a wrongful termination claim where an employee states that they were fired for an illegal reason.

If an employee and employer have signed a severance agreement, disputes may also arise over their terms and the fairness of enforcement. These are only some examples of disputes that may arise.

Mediation process

The parties have an option to resolve their disagreement outside of court, through a process called mediation. Mediation is a form of alternative dispute resolution that involves a neutral third party who facilitates negotiations between the parties and helps them come to a resolution. It is a confidential process.

Mediation may be faster and less expensive than going to court. It gives the parties the power to work together to find a mutual agreement, rather than having the court decide for them.

If, after mediation, the parties cannot agree, they still have an option to go to court.