​What to Expect from an Employment Dispute Resolution Lawyer

Woman in a Middle of an Employee Dispute

Woman in a Middle of an Employee DisputeDispute resolution, also called as alternative dispute resolution or appropriate dispute resolution (ADR), is an alternative to having a court decide over a dispute in a trial or other proceedings. It is used to resolve many forms of disputes like family, employment, and environment, among others, explains Littleton Alternative Dispute Resolution, Inc. Mediation in employment disputes is a common issue, especially in the United States.

What Lawyers Do

The role of the lawyer in a dispute resolution process depends on the nature of the complaint. In many processes, lawyers would accompany their clients, assisting as counselors or as advocates, with the aim to settle disputes in the most favorable outcome for the clients.

The process includes a dispute resolution procedure. The main types are litigation, arbitration, and mediation. Litigation is where a verdict is reached in a court. Arbitration is where a resolution is reached through an independent arbitrator. Mediation is where a settlement is reached by both parties through a mediator.

How the Process Goes

First, an employment dispute lawyer informs the client of their legal position, their chance of winning the case, and where it can be won (i.e. in court, in arbitration, in mediation). Particularly with mediation, they can help the client with several options of settling the dispute and liaising with the parties involved.

Second, if the dispute moves towards a formal dispute resolution procedure, the lawyer will make a recommendation for the client on what steps to take. All the documents required for the procedure will be accomplished by the lawyer, including the statements, reports, and evidence of the case.

Third, as the trial or hearing arrives, the lawyer can choose to argue for the client himself or herself or may brief another attorney to represent the client. In both ways, the lawyer will still attend the trial, either as an advocate or as an assistant to an attorney.

Lastly, after a settlement or a verdict is reached, the lawyer will ensure the strict enforcement of the settlement agreement or the verdict.

Although court and arbitration procedures are more regular and timed, mediating in employment disputes is more advantageous if you consider the stress and the cost involved on both client and lawyer.