Articles Posted in Mediation

I often hear people say things like, “My [insert relation] sued for this, and they won.” As a lawyer, my ears perk up because I think this means that I have some good case law to look at, or a different kind fact pattern to be on the look at for when selecting cases. However, I soon learned that when people say this to me, they’re usually referring to settlements. And I’m glad that the person was so happy with the outcome that they describe it as a win. But, I’m a lawyer and I’m going to be persnickety: a settlement is different than a verdict, although both bring closure, they’re very different. I’m not even saying one is better than the other. But, it’s an important distinction to make, especially when it comes to confidentiality concerns and how the resolution can be discussed with others.

This blog discusses the difference between a settlement and a verdict.

What is a Verdict?

The legal system is complicated. There are many terms and lots of jargon that gets thrown around, and it can be overwhelming to parse through it all. There are three avenues that come up a bit in civil litigation, particularly in employment law. This blog will explain what litigation, arbitration, and mediation mean, how they’re different, and how they interact.

Litigation:

This is the general term for the process that goes into a lawsuit. In litigation, there’s a Plaintiff who brings a case against a Defendant. (At our firm, we only represent the worker Plaintiff, who brings a case against the employer Defendant). Litigation can occur in state or federal court or in arbitration (which I’ll discuss below).

The legal system is complicated. There are many terms and lots of jargon that gets thrown around, and it can be overwhelming to parse through it all. There are three avenues that come up a bit in civil litigation, particularly in employment law. This blog will explain what litigation, arbitration, and mediation mean, how they’re different, and how they interact.

Litigation:

This is the general term for the process that goes into a lawsuit. In litigation, there’s a Plaintiff who brings a case against a Defendant. (At our firm, we only represent the worker Plaintiff, who brings a case against the employer Defendant). Litigation can occur in state or federal court or in arbitration (which I’ll discuss below).

Riley Carter

Dallas Employment Trial Lawyer Riley Carter

Mediation is an increasingly popular alternative to traditional litigation, offering a more collaborative approach to dispute resolution. It allows parties to negotiate a mutually acceptable resolution with the assistance of a neutral third party. As an individual entering mediation, understanding how to effectively participate can significantly influence the outcome. Here are some key tips to consider.

  1. Prepare Thoroughly
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What is mediation?

You’ve filed a complaint with the EEOC, OSHA, or the Texas Workforce Commission and were told that your case will be referred to mediation. Or your own employer’s internal grievance process includes mediation as an option. But what is mediation? Is it a good option?

Mediation is a form of alternative dispute resolution (ADR). ADR could mean many different things, but in short, it means settling disputes without having to litigate the case in court. Examples of ADR include mediation, arbitration, or even direct negotiations.

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