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What dispute resolution process should I choose?

Not all Texas employment discrimination cases need to be resolved in court. Many times, using a dispute resolution process will settle the matter, involving less time and less cost to the plaintiff. However, how do you decide which method is suitable for your situation?

Choose the method that will best resolve your conflict

When attempting to resolve employment discrimination claims, plaintiffs have three possible methods to consider to achieve a favorable outcome. These are mediation, arbitration and litigation. In mediation, a neutral third-party professional works with both sides to make each see possible solutions that are voluntary and non-binding. Arbitration involves employing a third party who serves as a judge, rendering a binding, confidential decision that in most cases cannot be appealed. For litigation, the most expensive choice, a plaintiff and defendant face off against each other, with a judge or a judge plus a jury rendering the decision. Litigation frequently ends in a settlement during the pretrial period.

Before deciding on which route will provide the most satisfactory outcome, ask yourself the following questions:

• What are my goals?

• Which process will best achieve my goals?

• Which process will overcome barriers preventing resolution?

Employment discrimination is more common than you think

Whether you’ve suffered discrimination due to age, sex, sexual orientation, race, national origin, or another reason, you deserve a safe and non-hostile work environment. Employers should be held accountable when they engage in activities that violate employment laws.

More workers suffer employment discrimination than you may realize. The longer you let your work situation remain, the longer these illegal acts will continue for yourself and others like you. While mediation may work for some cases, arbitration or litigation will produce a more favorable result if you feel you must have a binding agreement with your employer.