Employment Disputes in Broward County, Florida: Litigation VS.  Mediation


Parties embroiled in an employment dispute in Broward Country, Florida often have the choice between litigation and mediation to resolve this dispute.  There are significant differences between these two common ways of resolving employment disputes in Broward Country, Florida, including:

Timing 

Litigation tends to take more time than mediation to conclude.  One party files a complaint and the other responds with an answer.  The discovery method may then be commenced to try to gather information to support or defend against the claim.  It is not uncommon for it to take more than a year for a case to go to trial.  Mediation can be commenced at any time during the process.  Parties may decide to mediate their case before a lawsuit is ever filed, which can help avoid negative publicity for the business.  The parties may decide to commence mediation once the discovery process is completed so that they have a more realistic idea about the strength and weaknesses of their case.

Control of Outcome 

In litigation, the parties depend on a judge or jury to provide justice.  While they may testify at trial, the final decision is left up to someone else, which can create a great deal of unpredictability.  In contrast, mediation requires the parties to work together to reach a mutually satisfactory decision.  The parties voluntarily enter into any agreement.

Solutions 

The typical award in litigation is monetary damages.  In mediation, the parties can agree to their own terms, including changing the employment relationship, making modifications in work, providing a recommendation letter or taking other action that meets both parties’ needs.