November 2000

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work MEDIATION TO RESOLVE DISPUTES Mediation, in many cases, may be a better way to resolve a workplace dispute than court litigation. It is non‑binding, informal, and quick. The mediator is typically an attorney or retired judge who is respected by both sides and specializes in employment law. Both sides usually split the cost—typically $2,000 to $6,000—and invest a day’s time to the process. Attorney’s fees are less than in litigation. There is great motivation to get results and to avoid the lengthy, expensive, and risky litigation route. If some progress is made but no agreement is achieved, the parties are presented with a “mediator’s compromise” as a final solution. The mediator only reveals the agreement if both sides agree. If they don’t, neither will know if the other side would have done it. In that way, the mediator can accomplish what the parties cannot do themselves. Mediation should be considered before a lawsuit.		Employee Rights Update MANDATORY ARBITRATION AGREEMENTS ARE ENFORCEABLE IF THEY MEET MINIMAL REQUIREMENTS Many employees are confronted with handbooks or agreements that require them to resolve their employment disputes through arbitration. There has been significant debate as to whether employers should be able to do this because employees are denied the right to have a jury hear their grievances, and the right to appeal the verdict. The California Supreme Court recently ruled that arbitration agreements are enforceable only if they meet certain minimum requirements. They must provide for a neutral arbitrator; allow the employee to seek all available remedies (like lost wages and punitive damages); allow the parties to conduct adequate discovery (like depositions); require the employer to pay all costs unique to arbitration; require a written decision at the end of the case; allow for review by a court; and require mutuality of the terms (meaning they apply equally to both employer and employee). By Sharon J. Ormond
		Update on our attorneys - Don Sessions and Mark Keough were the speakers at an evening dinner seminar hosted by the Inns of Court, an organization of judges and attorneys. Jim Reed discussed arbitration as a panelist for the Labor and Employment Law Section of the Orange County Bar Association.
Look for our answers to employees’ questions in the "Shop Talk" column of the Times’ Sunday Business Section or the Register’s "Business Monday" Section. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2000 by Don D. Sessions.