Employment Litigation

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 and filed in the courts and served on the defendants or respondents.

Litigation can also involve proceedings advanced before administrative tribunals, where a party has a statutory claim or cause of action (as opposed to a common law or contractual claim) and seeks to have their statutory rights determined by an adjudicator who has jurisdiction to exercise a statutory power of decision-making, set out in the tribunal’s enabling legislation. An example would be human rights claims arising under the Human Rights Code, adjudicated by the Human Rights Tribunal of Ontario.

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 a hearing before a tribunal.

Mediation

Mediation is an informal and without-prejudice process where the parties have a third-party neutral facilitator 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 issues in 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, a process exists to have a roster-approved mediator appointed to mediate the dispute and mandate the attendance of the parties.

Employment Litigation Lawyer

If you need an employment litigation lawyer, contact 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 we are  formally retained and a written retainer agreement is in place.