Employee arbitration can be used to justify the demotion or dismissal of an employee.
As with other types of mediation, employment arbitration is a method that can be used to resolve various disputes. It can be used for a variety of purposes, such as gaining more employee benefits or resolving a contractual dispute. In some cases, it can be used by the employer to justify the demotion or dismissal of an employee once due process has been fulfilled. There are many other problems that can be solved using this method.
Employment arbitration may form part of a pre-employment agreement.
Court proceedings can be very time consuming and expensive, which is why some companies try to use labor arbitration in place of court intervention. Even if outside legal advice is needed, it may still be more cost-effective to use arbitration. There are a variety of other reasons to do this as well, including the ability to keep these matters more confidential.
Court cases become part of the public record unless sealed by a judge. Employment arbitration records may be less public, if not entirely confidential. This is one of the issues contested by opponents.
The details and the employment arbitration process are normally kept confidential.
Often, employees cannot afford the costs of hiring a lawyer and entering into litigation, so they agree to labor arbitration to seek a solution. If the mediation is fair and impartial, the parties can reach a reasonable compromise. If internal arbitration is used, the rules can be written in a way that favors the employer. An objective external source for alternative dispute resolution would appear fairer and perhaps lead to greater success in reaching an acceptable settlement.
Employment arbitration can help people involved in a workplace dispute come to an agreement.
Some companies actually require employees to agree to participate in forced labor arbitration, rather than taking potential disputes to court. These stipulations can be included as part of a pre-employment agreement. Acceptance may be mandatory before a person is hired. While it generally makes sense for a company to offer employment arbitration, there are those who dispute forced acceptance.
Employment arbitration may focus on reasons why an employee can no longer perform his or her duties.
Potential employees need to educate themselves about the specific processes and sources used by the company for job arbitration. Make sure the methods are fairly designed and the mediators are impartial before signing such an agreement. It is also advisable to consider whether such an agreement is prudent to begin with when a dispute has not yet arisen. There is no real way to determine in advance whether the nature of an employment dispute is something he or she would be comfortable resolving in the conference room rather than in court.