Conflict in the workplace is inevitable. If improperly handled, workplace conflict can lead to decreased productivity, employee dissatisfaction, poor service to clients, absenteeism, increased work-related stress, increased employee turnover, and possibly litigation based on claims of harassment or a hostile work environment (called a poisoned work environment in Ontario). 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 & Mediation
Arbitration
Arbitration is an alternative dispute resolution process in which a dispute is resolved by an impartial third party, the arbitrator, instead of a judge. 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 of the parties or under the governing legislation.
How Do Arbitration & Mediation Differ?
The arbitration process is similar to a trial, unlike mediation. 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 their own jurisdiction. Mediation, by contrast, provides flexible and creative solutions, and the mediation process is more informal: a mediator helps the parties reach their own agreement and does not impose a decision.
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. An arbitration clause is not always enforceable, however: a court may refuse to enforce one that is unconscionable or that takes away an employee’s rights under the Employment Standards Act, 2000.
Arbitrations are also a staple of the unionized workplace. Provincially regulated unionized employers in Ontario are governed by the Labour Relations Act, 1995, and the collective agreement, and most disputes under a collective agreement go to grievance arbitration, not to court.
How Can Law Wise Help in Arbitration?
Law Wise employment lawyers understand the benefits of arbitration, but 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 or arbitration board. Our lawyers can also help employers draft arbitration clauses that are designed to be enforceable and to provide a timely and cost-effective solution to disputes.
If you are facing an arbitration, have been asked to sign a contract with an arbitration clause, or have been offered a severance package and need it reviewed, talk to Law Wise employment lawyers to discuss your options.
Call us at +1 647 948 7819 today!
Mediation
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 Can Law Wise Help?
We regularly represent clients at the mediation stage and work to negotiate favourable settlements for them. Our experienced lawyers understand the benefits of resolving a dispute through the mediation process in a confidential and cost-effective manner. 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!