Arbitration & Mediation
Employee discrimination, retaliation, and wage and hour lawsuits are often complicated and involve costly and protracted litigation. Additionally, even if an aggrieved worker has strong evidence and claims, there is always a risk that a trial could result in an adverse verdict. As such, in many cases, arbitration and mediation are sensible options for resolving issues in an efficient and cost effective manner. If you intend to pursue wage, discrimination, or retaliation claims against your employer, you should speak to a New Jersey arbitration and mediation attorney regarding your options to determine the best manner to proceed under the facts of your case. The capable employment attorneys of Resnick Law Group are skilled at helping employees who are victims of unjust practices seek redress via arbitration and mediation, and we can help you pursue a successful outcome. We frequently assist workers in employment-related claims in New Jersey and New York.Arbitration of Employment Cases
Although parties in employment matters may choose to arbitrate their case, in many instances, an employment contract may provide that arbitration is mandatory. Arbitration agreements are generally enforceable under federal law unless an employee falls under an exemption or the contract is otherwise invalid. Specifically, under federal law, a contractual agreement to arbitrate a controversy is valid, irrevocable, and enforceable unless legal or equitable grounds for revocation exist. In New Jersey, however, state statute renders arbitration agreements unenforceable in the context of claims for discrimination, retaliation, or harassment.
The parties in an employment case have the right to be represented by an arbitration and mediation attorney in New Jersey. Typically, parties will usually engage in limited discovery and conduct few, if any, depositions prior to arbitration. While this manner of handling a case allows for an efficient and cost-effective resolution, it can also result in less evidence to present to the arbitrator.
Arbitration is similar to a trial in that each party will present their evidence and arguments to one or more private arbitrators. Parties can make opening and closing arguments and present witnesses in arbitration hearings as well. The arbitrator will determine whether to issue the employee an award based on the materials presented and the prevailing law. Depending on the circumstances under which the parties proceeded to arbitration, the arbitrator’s decision may be binding or non-binding. In cases in which the arbitrator’s decision is non-binding, either party may typically appeal the decision to a civil court. In cases involving binding arbitration, however, judgments are difficult to vacate, and the parties must generally abide by the arbitrator’s decision. As such, it is important to hire an arbitration and mediation lawyer in New Jersey if you must engage in binding arbitration.Mediation in Wage, Discrimination, and Retaliation Claims
Mediation, like arbitration, is a type of alternative dispute resolution proceeding. Mediation differs from arbitration, though, in that the parties ultimately decide whether to resolve their claims and, if so, for what amount. The mediator is a neutral party who will review the employee’s and employer’s evidence and arguments and then act as an intermediary between them, advising them of the strengths and weaknesses of their claims or defenses and the damages caused by the defendant’s acts. In some instances, the mediator will attempt to persuade the parties to come to a compromise as well. In the end, though, the mediator cannot make any rulings or compel the parties to settle.Employment Attorneys Representing Employees in New Jersey
Employees have the right to earn fair wages in a respectful environment, and employers that violate those rights can be held civilly liable. If you are the victim of discrimination, retaliation, or unfair wage practices in the workplace, the dedicated employment attorneys of the Resnick Law Group can help you to seek the full amount of consideration recoverable regardless of whether it involves a trial, mediation, or arbitration. Resnick Law Group’s primary office is in Roseland, and our New Jersey arbitration and mediation lawyers regularly represent employees throughout New Jersey in discrimination, retaliation, and wage cases, including people in Bergen, Essex, Sussex, Somerset, Hudson, Warren, Passaic, Union, Middlesex, Mercer, Monmouth, Morris, and Hunterdon Counties. We have an office in Manhattan as well, and we assist parties in employment cases in New York City and in Rockland and Westchester Counties. You can contact us to schedule a meeting by calling us at our Roseland office at (973) 781-1204 or at our New York office at (646) 867-7997 or using our online form.