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Alternative Dispute Resolutions
There are certain points in the litigation process where alternative dispute resolution may be of interest to both parties. Nemeth Law's team includes certified mediators experienced with alternative dispute options such as face-to-face meetings, mediation/facilitation, arbitration and mediation/arbitration, and can employ these approaches to resolve a case in a timely manner without ongoing and costly litigation.
Sometimes, individuals involved in an employment dispute can resolve their differences by having a face-to-face meeting. Such a meeting can occur before litigation ensues or at optimal points for resolution during the litigation process.
Individuals can also voluntarily submit their dispute to a mediator for resolution. With mediation/ facilitation, the parties meet with a trained mediator who facilitates discussion to guide both parties to resolution. At mediation, the attorneys representing the clients act in a collaborative mode rather than a litigation mode in order to reach a creative solution. The mediator works with participants to find a resolution for their particular issue without protracted litigation. If the participants reach a settlement, the settlement is enforced in court. If a settlement is not reached, nothing provided in the mediation can be disclosed as it is a confidential process; even if a value for settlement was placed on the case, it is not binding.
Another alternative dispute resolution mechanism which can be used is combined mediation-arbitration (med-arb). With this approach, one person is selected to attempt to mediate and also arbitrate the dispute. If the mediation is successful, the case settles. If the mediation is unsuccessful, the same person who mediated the dispute sits as the arbitrator to render a binding decision.