Settling Disputes
Employment Arbitration »
Many employment cases are resolved through a process called arbitration instead of through the court system, which is a process known as litigation. Arbitration is essentially a private court system in which an arbitrator acts as the judge. The arbitration is usually administered by either the American Arbitration Association or a Hawaii company that specializes in resolving legal disputes, Dispute Resolution and Prevention, Inc.
Employment Mediation »
Employment mediation is a voluntary process. An outside, neutral mediator helps the employer and employee discuss their dispute and find a mutually acceptable resolution. This can happen before or after suit is filed. Unlike an arbitrator, a mediator does not have any power to make a binding decision. If the parties reach a settlement it is put in the form of a written contract that is enforceable in court. Although the parties themselves usually have complete control of the outcome in mediation, it is best to have attorneys present to look after your interests.
Employment Litigation »
Litigation is the term used to describe the process which takes place when a dispute turns into a lawsuit. The employment litigation process usually begins with the filing of a "complaint" with the Court by an employee against their employer or former employer. The complaint is then served on the employer after which and the parties begin a process called "discovery" during which they obtain documents from each other, subpoena witnesses and take depositions. A trial date is then set by the court, and a judge is assigned to the case. Generally two to three years after the lawsuit is filed to get the case to trial.