Toronto Employment Lawyer Representing Employees and Employers in Mediation and Arbitration

Employers and employees both experience significant stress and financial strain when facing employment disputes and conflicts in the workplace. To minimize the impact caused by these issues, the team at Haynes Law Firm explores all opportunities for early resolution of its clients’ employment matters. Paulette Haynes works to find a mutually agreeable solution through alternative dispute resolution methods, including mediation and arbitration.

With nearly three decades of employment law experience and academic knowledge, Paulette is a skilful advocate for employees and employers in mediation and arbitration. She helps clients avoid the stress of adversarial processes through alternative dispute resolution where appropriate, while also zealously representing her client’s position to secure the most favourable outcome possible.

Mediation: Designed for Collaborative Dispute Resolution

In mediation, the parties work to collaboratively resolve their disputes with the assistance of a trained mediator. The mediator does not impose a final decision or render a judgment; instead, they act as a neutral third party and facilitate discussions between the parties to help them create their own unique solutions. It also provides more privacy than litigation in court, thereby avoiding negative public discourse that can affect both employees and employers.

Mediation can be especially helpful in situations where the relationship between the employee and employer is expected to continue after the dispute has been resolved. Giving parties the opportunity to express their own needs and work together toward a mutually agreeable solution can help preserve a respectful ongoing working relationship.

Although mediation is a collaborative process, the parties should have legal counsel present to help articulate their position and ensure their legal rights and entitlements are protected. Any agreement created during a mediation process must also be reviewed by a lawyer before the parties sign it.

Arbitration: The Middle Ground Between Mediation and Litigation

Procedurally speaking, arbitration falls somewhere between mediation and litigation. While arbitration is a less formal and more private dispute resolution process than litigation, it is procedurally similar to a trial in many ways:

• Arbitrators act as a trier of fact like a judge and hear evidence and arguments before giving a binding decision.
• Parties may be examined for discovery – i.e. asked questions and presented evidence prior to a hearing to narrow down issues and understand each other’s case.
• Written legal submissions are made and can be required for particular evidentiary and legal issues.
• Witnesses are required to testify and are subject to cross-examination by the other side.

Given the procedural formalities present in arbitration matters, it is important for all parties to have legal representation in the process.

Many employment contracts require disputes between the employer and employee to be resolved using arbitration and prohibit the parties from taking their matter to court. Arbitration may be preferable for the parties as it is more private and may be quicker than relying on backlogged court schedules. It should be noted, however, that courts will not always presume arbitration clauses in employment agreements are enforceable. Employers considering including mandatory arbitration as a term of their contracts should seek legal advice to determine whether such clauses are appropriate and enforceable in court.

Strategizing for Early Dispute Resolution with Litigation in Mind

It may seem contradictory to strategize for trial within the context of dispute resolution processes that are intended to avoid litigation. Preparing each matter as if it is destined for the courtroom, however, provides a substantial advantage when seeking early resolution through negotiations or alternative dispute resolution.

The team at Haynes Law Firm meticulously prepares and preserves evidence from the outset and continues to do so, no matter what methods of resolution are explored throughout the client’s matter. This extensive preparation provides Paulette Haynes with the most comprehensive knowledge of her client’s legal issues and enables her to create an equally thorough strategy to resolve disputes, whether through negotiation, mediation, or arbitration.

Paulette’s employment law career spans almost 30 years and has provided her with a wealth of legal and academic knowledge of the employment landscape in Canada – including the employment lawyers who operate within it. This insight allows her to anticipate the other party’s strategy and adjust her client’s case, accordingly, reducing the risk of unforeseen complications or legal challenges in any form of dispute resolution.

Contact Haynes Law Firm in Toronto for Advice and Representation in Employment Mediation and Arbitration

Haynes Law Firm understands the benefit of resolving employment disputes and workplace conflict swiftly to avoid the emotional and financial strain on all parties. Employment matters can significantly impact the lives of both employers and employees and finding a mutually agreeable resolution without litigation helps all parties move forward.

Paulette Haynes is dedicated to efficiently resolving her clients’ employment issues while ensuring their legal rights and entitlements always remain protected. She is respected in the Ontario employment law bar as an elite advocate and legal scholar with extensive experience representing her clients’ interests in multiple dispute resolution processes. Along with the team at Haynes Law Firm, Paulette prepares a customized and comprehensive legal strategy to give her clients an advantage in any forum, including mediation, arbitration, or litigation.

Contact Haynes Law Firm at 416-593-2731 or online to discuss how Paulette Haynes and her team can help you in your employment law matter.