A Orange County Business Lawyer on why most Employment Cases do not go to Trial
In general, the vast majority of legal disputes are resolved without the parties ever setting foot in a courtroom. This is even more so when employment-related claims are involved for very specific reasons that an Orange County business lawyer can explain.
The Language Contained in Employment Agreements
Increasingly, employers are including clauses in employment agreements designed to reduce or eliminate the possibility of a trial to resolve an employment claim. Some companies have established an internal dispute resolution program to provide a forum for grievances, and many others mandate that claims are to be handled through some form of arbitration or mediation rather than litigation.
Many courts, especially on the federal level, are showing a greater reluctance to wade into an employer/employee conflict. Part of the problem is the exponential increase in the sheer number of cases that have come before the courts in recent years. This has led to a judicial response that often directs the case to alternate dispute resolution options, most typically private, binding arbitration, or simply dismisses the case.
Each side in every employment claim will arrive at a value it feels the case is worth. Although this valuation is impacted by a variety of variables specific to each case, the legal teams for both plaintiff and defendant are becoming increasingly sophisticated at assessing the relative strengths and weaknesses of each claim. This typically results in the opposing sides arriving at a number not too far apart and thus a better opportunity for settlement.
The Cost and Risk of Litigation
Even where the parties are far apart and do have the option to litigate the claim, there is a greater willingness to employ mediation as a tool to assist in arriving at a mutually fair and equitable agreement.
Contact a Orange County Business Lawyer for Legal Advice
The abilities to recognize a client’s needs and identify solutions are essential attributes for business counsel. For a thorough review of your business concerns and cost-effective options, call Daily Aljian LLP at 949-861-2524.