Alternative Dispute Resolution

Alternative dispute resolution pertains to the process and techniques in settling a disputed employment matter or issue outside court procedures. In the U.S., some courts compel the disputing parties to engage in ADR before initiating a formal case trial. Arguing parties also result to this legal procedure due the higher cost of litigation.

There are many types of ADR, including:

Negotiation – This is a discussion of two or more parties to resolve their disputed problem. Participants in this type of ADR voluntarily engage in the meeting wherein no third party is needed to facilitate the discussion and impose the agreement.

Mediation – In this type of ADR, a third party or “mediator” is needed to aid in the resolution of the opposed issue. The mediator, who is agreed upon by both parties, shall be the one to propose a solution yet he/she do not have the capacity to impose such.

Arbitration – Here, a third party or “arbiter” will act as a private judge who has the authority to impose the resolution. The decision of the arbiter is legally binding; yet, parties may still file an appeal before a trial court.

Disputing parties may result into alternative dispute resolution in three ways:

• Voluntary – both parties agree to participate in an ADR instead of going through litigation.


• Stipulation or proposition of the counsels


• Court order – the court may compel the parties to try resolving the problem without resulting to case trial

Usually, the ADR process may be initiated before or during the case management conference. However, the counsels of both parties may individually or jointly file their court request to facilitate ADR.

Litigation can be complicated and expensive. Thus, if you have been involved in any employment dispute, seek the assistance of our expert employment attorneys. We will extend all our efforts to make sure that you will arrive in a win-win resolution.

Our employment attorneys are about the laws and procedures on types of Alternative Dispute Resolutions. With more than ten years of handling disputes in employment, you can be assured of coming up with the best result.

Dial our toll-free number now and tell us the details. We promise to keep your legal problem confidential. Our friendly legal staff will gladly assist to your legal needs.