Conflict in the workplace is inevitable. If improperly handled, workplace conflict can lead to decreased productivity, employee dissatisfaction, and poor service to clients, absenteeism, increased work-related stress, increased employee turnover, and possibly litigation based on claims of harassment or hostile work environment. It is always best to try to prevent conflict. However, if conflict does arise, it is important to work towards a resolution as soon as possible, and to avoid any barriers that could interfere with the problem-solving process.
Arbitration is an alternative dispute resolution process used when there is a dispute for the issue to be resolved by an impartial third party. Most arbitration cases in Ontario are governed by the Arbitration Act, 1991 (“Act”), and decisions made by the arbitrator are final and binding either by agreement by the parties or the governing legislation.
How Do Arbitration & Mediation Differ?
The process of arbitrations is similar to that of trials, as opposed to mediations. In arbitrations, parties can call witnesses, and evidence can be given under oath. However, arbitrators under the Act can govern their own process and rule on his or her jurisdiction. Whereas mediation provides flexible & creative solutions and mediation process is more informal.
It is becoming increasingly common for employers to include arbitration clauses in individual contracts of employment, especially in large corporations. Such arbitration clauses may be beneficial in select circumstances as they can help save time and money and maintain a modicum of privacy when there are disputes in the employment context, specifically with highly paid executive employees and larger employers.
Arbitrations are also a staple of the unionized workplace. Provincial unionized employers in the Province of Ontario are governed by the Labour Relations Act, 1995, and the collective agreement.
How Law Wise Can Help In ARBITRATION?
LAW WISE employment lawyers understand the benefits of arbitration, however, also the risks and difficulties associated with the process. We will provide strategic and legal advice throughout the arbitration process and assist in the selection of an appropriate arbitrator.
We will effectively prepare for the arbitration, and appear before the arbitrator and arbitration boards. Our lawyers can also help employers draft arbitration clauses that are enforceable to ensure the most timely and cost-effective solution to disputes.
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Mediation is also an alternative dispute resolution process used to resolve numerous types of employment disputes, such as wrongful dismissal claims. In employment law, many cases can be resolved through alternative dispute resolution methods – such as mediation – avoiding the costly, time-consuming, and stressful litigation process.
Being properly prepared, understanding the importance of flexibility and creativity, and taking advantage of the opportunity to settle are all important tips for a successful mediation. Often, the failure to properly prepare is the reason for an unsuccessful mediation.
How Law Wise Can Help?
We have been successful at settling numerous cases at the mediation stage by negotiating favorable deals for our clients. Our experienced lawyers understand the benefits of resolving a dispute through the mediation process in a confidential and cost-effective matter. We will provide strategic and legal advice throughout the mediation process and assist in the selection of an appropriate and mutually acceptable mediator. We will effectively prepare for the mediation, and be there throughout each step of the process.
Call us at +1 647 948 7819 today!