1. Litigation - The act, process, or practice of settling a dispute in a court of law.
1.1. Advantages
1.1.1. The force of the law behind all decisions.
1.1.2. Access to a wide range of information and tools to use to gather information about the dispute. More researching.
1.1.3. Deadlines and the increase chance of settling the lawsuit.
1.2. Disadvantages
1.2.1. It can get expensive depending on the resources and length of the case.
1.2.2. It is public .
1.2.3. It destroys relationships between both parties.
2. Mediation - Labor relations intervention in which a neutral third-party tries to assist the principals in reaching agreement.
2.1. Advantages
2.1.1. The process is voluntary.
2.1.2. It saves time and money.
2.1.3. Relationships are preserved which is important in business.
2.2. Disadvantages
2.2.1. The process is not legal or binding.
2.2.2. The process could be considered informal and parties might not take it seriously.
2.2.3. It is not an appropriate method if either party is defensive.
2.3. Qualifications
2.3.1. Time. Mediation saves time where a formal complaint would take months to battle in court.
2.3.2. Popularity. Mediation has become a preferred method to resolve workplace issues due to saving time and money.
2.3.3. Better use of staff resources instead of an investigation into the issue.
2.3.4. Relationship: When two employees or an employee and the supervisor are having communication issues that they cannot resolve themselves.
2.3.5. Confidentiality. The employees complaint will not be public where a formal complaint would.
3. Arbitration - The most definitive type of third-party intervention, in which the arbitrator often has the power to determine and dictate the settlement terms.
3.1. Advantages
3.1.1. It is a cheaper way to resolve disputes than litigating in court.
3.1.2. It is fair due to both parties agreeing to use a third-party arbitration service.
3.1.3. It is confidential due to hearings not taking place in open court where litigation does.
3.2. Disadvantages
3.2.1. If an arbitrator's award is unfair or illogical, then both parties are stuck with it.
3.2.2. Some are concerned that the take-it-or-leave-it nature of many arbitration clauses work in favor of a large employer or manufacturer when challenged by an employee or consumer who has shallower pockets and less power.
3.2.3. Hearings are held in private and not public which benefits some people. Due to lack of transparency makes the process likely tainted or biased during troubling situations.
3.3. Qualifications
3.3.1. Both parties cannot find an agreement.
3.3.2. When proceedings would be too expensive or time-consuming. Both parties would agree to use arbitration instead of litigation.
3.3.3. Arbitration contract. Some employers include this in the on boarding paper work.
3.3.4. Trade Unions considering strike.
3.3.5. Wrongful termination