Drafting employment contracts, including non-compete agreements, confidentiality agreements, and arbitration clauses, requires careful consideration to protect the interests of both the employer and the employee. Good employment agreements are crucial for several...
Which is Better – Arbitration or Mediation?
Mediation and arbitration are both alternative dispute resolution (ADR) methods used to resolve conflicts outside of traditional litigation or trial. In the context of employment disputes, both mediation and arbitration offer advantages and disadvantages, and they...
Why Your Client Should Have an Active Role in Mediation
When gearing up for mediation, it's crucial for attorneys to assess the valuable contributions their clients can make when actively participating in the process. Negotiation skills vary among individuals, including both clients and lawyers. In the context of this...
Why is Consistency in Employee Disciplinary Practices Important?
Consistency in employee disciplinary practices is crucial for several reasons, contributing to a fair and effective workplace. Consistency ensures that all employees are treated fairly and equally. When similar infractions result in consistent consequences, it helps...
What are the Differences Between Mediation and Trial?
Both trial and mediation are dispute resolution processes, but they serve different purposes and have their own advantages and disadvantages. Whether trial or mediation is better depends on the specific circumstances and goals of the parties involved. Trial is a...
Discrimination Related to Domestic or Dating Violence, Sexual Assault, or Stalking
Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) safeguard against discrimination in employment based on various factors, such as race, color, sex, religion, national origin, and disability. However, these laws do not...
Are Virtual Mediations the New Normal?
Virtual mediation has indeed become increasingly popular and widely adopted, especially in recent times. The COVID-19 pandemic played a significant role in accelerating the use of virtual platforms for various purposes, including mediation. While it is difficult to...
The Wrong Way to Evaluate Employee Performance
Overall, evaluating employee performance is essential for fostering employee development, aligning goals, motivating employees, making informed decisions, and effectively managing performance within an organization. It contributes to a culture of continuous...
Strategies For Successful Mediation
Lawyers can play a crucial role in achieving favorable outcomes for their clients in mediation. There are a few ways that lawyers can improve the outcome, such as preparing thoroughly, setting realistic goals, building rapport with the mediator, and working on their...