As lawyers, we tend to speak about litigation as the formalization of the court’s process and procedures after an originating process has been commenced – that is, after a Statement of Claim or Notice of Application has been issued or registered in the courts and served on the defendants or respondents.
Litigation can also involve non-court-related proceedings advanced before administrative tribunals, where a party has a statutory claim (as opposed to a common law claim) or cause of action where they are seeking to have their statutory rights determined by an adjudicator, who has jurisdiction to act as a statutory power of decision making, set out in its enabling legislation. An example would be human rights claims arising under the Human Rights Code (Code), adjudicated by the Human Rights Tribunal of Ontario (HRTO).
Employment litigation is a term designed to highlight that the time for discussions or informal settlement negotiations is now over. Formal processes and procedures have been enacted to resolve the matter in court, concluding with a court trial or before a tribunal, culminating with a hearing to resolve the issue.
Mediation is an informal and without-prejudice process where the parties have a third-party neutral assist them in settling or resolving their dispute. Usually, the process is optional. Some civil matters in the courts, depending on the jurisdiction, have mandatory mediation.
The selection of mediators is generally made between the lawyers involved, as they will have experience with knowing who they believe can effectively deal with the dispute and get it over the finish line. When mandatory mediation is required, and the parties can’t agree on the selection of a mediator, then a process exists to have the Government appoint a roster-approved mediator to the dispute and mandate the attendance of the parties.
Employment Litigation Lawyer
If you need an employment litigation lawyer, contact John Evans.
With 30 years of experience as a practising litigation/employment/labour lawyer, John is focused on achieving the very best results for his clients. He has fine-tuned his skills and mastered the art of persuasion. With his stellar reputation, John holds the respect of the lawyers he acts against. Smart, tactical and a particularly quick study, John is committed to exceeding his clients’ expectations.
Contact Evans Law Firm
Contact Evans Law Firm today for a free no-obligation consultation with an employment litigation lawyer. Sometimes time limits can bar an otherwise good claim from being advanced. Please don’t delay and contact us as soon as possible. There is no cost until John is formally retained and a written retainer agreement is in place.