Alternate Dispute ResolutionDiscover How an ADR Program Can Help Your Business

Eliminate Litigation and Save You in Legal Costs

E M P L O Y E R S R E S O U R C E . C O M

According to the Lawyers InsuranceAlliance, The most common targetsfor Federal discrimination claims areprivate employers with between 15and 100 employees (41.5%).

Traditional Litigation has manydisadvantages.

It's Time Consuming: Courttrials often last years beforearriving at a final decision.

It Relies on LayDecision-makers:Simply put, you areputting the final decisionin the hands of regularpeople ( a jury) whohave no experiencemaking these kinds ofdecisions.

It's Expensive:The average cost to anemployer for a typical jurytrial is $125,000(Figure based on studies by the Rand Institute for CivilJustice & The Bureau of National Affairs)

You Lose Privacy:Litigation is public and ispermanently recorded incourt records.

It Disrupts Company Morale:Distracts management and employees attentionundermining productivity.

It could happen to you...

An employee hasn't been meeting company expectations andeven though enough warning was given, ultimately they had tobe fired. Now, said employee is unemployed and angry andsees one of those TV "contingency" attorneys that will costthem nothing up front.

The employee thinks... "Whatelse do I have to lose?"

Most of these attorneys know if they threaten theemployer enough, the employer is likely to write asettlement check (commonly $10- $20K) in orderto avoid the litigation process.

What can you do to avoid situationslike this one before they occur?

A bet ter a l ternat ive for employers .

Alternate Dispute Resolution

ADR

Alternate Dispute Resolution: ADR is the use ofmediation and/or arbitration to settle disputeswithout the hassle of going to the courthouse.Employers Resource is a strong advocate for a two-step ADR process.

Mediation: First, we use a “non-binding” mediationprocess. The parties involved in the dispute (and theirlegal counsel, if they so desire) sit down with a skilledmediator. The neutral mediator acts as an advocatefor resolution and uses his or her best efforts to assistthe parties in reaching a mutually acceptablesettlement. Over 90% of all mediated disputes areresolved at this point.

Step 1

Arbitration:When no mutual agreement is reached in Mediation(which is rare), either party can require “binding”arbitration. The parties and their legal counsel presenttheir case to one or more arbitrators who make adecision which is binding and enforceable in court.Cases which are arbitrated are always settled.

Step 2

We provide access to mediation and arbitration services at no additional cost to you.Depending on the location and the mediator, the mediation fee itself usuallyaverages about $2,000. Attorney fees and witness expenses are paid by individualparties. Generally, all other expenses are shared equally. However, if an employeedemonstrates that he or she cannot pay for the mediation, the employer bears thefull cost.

What Is the Cost of a Mediation?

A quick, affordable, easy-to-understand system of settling disputes in a fair andprivate manner without the hassle of going to the courthouse.We take traditional ADR to a new level by offering a comprehensive disputemanagement system benefiting both employers and employees in a truly neutralcapacity.

The Employers Resource ADR Program

Complete ProtectionOur ADR program encompasses disputes such as:

The Advantages of the EmployersResource ADR Program

failure to hirewrongful terminationharassment complaintsEEOC claimsunpaid wages and compensation

Disputes existing at the time your employee signs the ADR Agreement are included, as aredisputes arising after employee termination. It does not pertain to state unemployment claimsnor Workers’ Compensation insurance matters.

A Benefit to Your Bottom LineEmployers Resource ADR program manages yourdisputes:

The Advantages of the EmployersResource ADR Program

Quickly: Over 90% of all disputes that go to mediation are resolved at that point.And generally within one day! Economically: Our program gives you instant access to a process that can saveyour business from the costly employee lawsuits and lottery verdicts you’ve readabout.Fairly: The mediation process results in mutually agreed upon solutions.Arbitration awards, if needed, are made by professionals based on evidence andthe law. Privately: Mediations and arbitrations are private and confidential, not matters ofpublic record or “tried” in the news media.

How Do I Explain ADR to My Staff?Answers to Common QuestionsOur ADR program is beneficial to both your company and employees. It will resolveyour disputes quicker, cheaper, and more privately than litigation. It is important toemphasize to your employees that the ADR agreement does not change anysubstantive individual rights. It merely changes the forum in which the parties willexchange their information and views.

As an Employer, Can I Require My Staff to Use ADR?

Answers to Common Questions

In an “at will” state, you can require your staff to sign an ADR Agreement as acondition of employment or while employed. This applies to both state and federalstatutory claims. In March 2001, the United States Supreme Court affirmed that suchagreements to arbitrate are valid, irrevocable and enforceable, except under verylimited circumstances as defined by the court.

How Do I Access the Service?

Answers to Common Questions

To start the process, simply call your Employers Resource Client ServiceCoordinator. First, we will help you and your staff resolve the dispute in-house.Otherwise, a formal request form is completed and filed for a $100 filing fee. Allarrangements are coordinated by Employers Resource, including the appointment ofa qualified mediator, the setting of date, time and place, and the mailing ofnotifications.

L e a r n m o r e a tE M P L O Y E R S R E S O U R C E . C O M

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