We’re Experienced At Timely Resolution
When employment disputes arise, seeking a timely, cost-effective resolution is in both parties’ interests. At DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC in Atlanta, our arbitration and mediation attorneys have extensive experience with alternative dispute resolution, such as mediation and arbitration. We are adept at achieving positive results for our clients. We represent businesses and employees, and that added perspective makes us even more effective in advocating for our clients.
Capable Lawyers Explain How Alternative Dispute Resolution Works in Employment Disputes
Alternative dispute resolution refers to methods outside traditional negotiation and litigation in court. ADR basically falls into two categories.
In mediation, a neutral third party helps guide opposing sides to a reasonable, mutually beneficial compromise or a creative solution. Mediation is appropriate for conflicts that arise from relationships or corporate culture and when the goal is to reach greater understanding and change behavior to improve situations. For example, if an employee or a representative group felt that treatment within the organization was unfair or discriminatory or that working conditions were unacceptable, mediation would help the parties express their concerns and formulate a plan for improvement, which may or may not be available in litigation.
In arbitration, opposing parties ask an arbitrator to hear their case and act as a judge and jury. An arbitrator decides a claim based on existing law, ruling in favor of one side. Arbitration may be binding, which means the parties agree to abide by the arbitrator’s decision, or nonbinding, which allows a disappointed party to take the case to court. Arbitration may be appropriate when parties are seeking a legal judgment under the law and a specific amount of compensation or monetary damages.
Either ADR method is sometimes faster and less expensive than taking the dispute to court, depending on the circumstances.
Skilled Attorneys Advise on Employment Cases that may Benefit from Alternative Dispute Resolution
Virtually any type of employment conflict can be resolved through ADR. Here are some examples of common cases that can benefit from arbitration or mediation:
Wage and hour disputes
Suppose employees allege, for example, that the company has wrongly denied them overtime by misclassifying them. In that case, an arbitrator can decide on the facts whether the employees qualify for overtime.
Breach of contract
Suppose there is a question of whether a breach has occurred. In that case, mediation can help parties better understand their agreement and may eliminate misunderstandings. Mediation can be instrumental in preserving the relationship between a company and its employees in contract disputes, especially when it comes to highly complex executive contracts. Arbitration allows the parties to get a swift decision and the appropriate remedy when a breach is clear.
Because violations of a non-compete agreement can quickly do permanent damage to a company, immediate action is imperative. Filing a lawsuit and requesting an injunction is often a necessary first step. From there, a company can use ADR to resolve issues over stolen trade secrets, employee raiding, or other alleged violations.
A company cannot discipline any employee for whistleblower activity. If an employee perceives changes in work assignments as retaliation, ADR can be a useful tool to resolve the situation.
Save Time And Money
ADR can save companies significantly in both time and expense. For example, a swift resolution avoids the problem of interest, which raises the cost to a company whenever there is a possibility of compensation or penalties being paid.
Contact a Georgia law firm experienced with arbitration and mediation
DeLong, Caldwell, Bridgers, Fitzpatrick & Benjamin, LLC in Atlanta provides alternative dispute resolution services for employers and employees, including mediation and arbitration. Call us at or contact us online to arrange a consultation. Our Atlanta office is ADA accessible.