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Now Is The Best Time for Employee Dispute Resolution Programs

Saturday, July, 27, 2013

For years, employers around the country have been complaining about the challenges with local, state and federal employment laws.  The tangled web of employment law makes it extremely difficult for anyone to remain fully compliant at any given time, exposing businesses and employers to risks across the board. 


Some lawyers, however, believe that employee dispute resolution programs offer incredible benefits to employers and employees.  By recognizing the risk of employee disputes and developing a targeted approach to mitigate that risk, employee dispute resolution programs, like arbitration and mediation, set up protocols and procedures designed to improve response time and establish clear guidelines for responsibility throughout the process.  Courts have long been in favor of business attempts to resolve issues in-house, which helps to reduce the high number of cases headed into courtrooms every single year. 


The Federal Arbitration Act paves the way for promoting arbitration as a key way to resolve disputes.  Recent rulings in the AT&T Mobility v. Concepcion case and Oxford Health Plans v. Sutter are showing that arbitration can be extremely effective and that making the process even easier, more clear and cost effective are the best ways to allow arbitration to manage employee disputes where necessary. 


The numbers of successful cases that have been managed through arbitration are only growing.  It’s expected that more employers will be taking a closer look at the arbitration clauses in their contracts and speaking with attorneys about the best way to craft the wording in those contracts, because arbitration is providing a reliable way to pursue employee disputes and issues without the traditional downfalls of taking a case to court.  With arbitration, both parties benefit from a more quickly determined solution, and each has the opportunity to have their side of the case heard, ultimately benefiting everyone involved.