employment litigation 


While it is sometimes unavoidable, litigation can consume a significant amount of time and resources, and has the potential to draw management's focus away from day-to-day company business.

Mediation is a form of alternative dispute resolution. It is based on negotiation with the assistance of a neutral, third-party mediator who is well-versed in the intricacies of employment law.

While a conclusive outcome is not always reached, mediation is a low-risk, high-reward option, because negotiations are without prejudice and the terms of any binding agreement must be agreed by both parties. Mediation is therefore an expeditious, cost-effective and confidential way to achieve a just resolution of most employment-related disputes.

McMillan professionals help clients lead by:

  • Counselling on the range of options for settling labour disputes including mediation and recommending an appropriate approach
  • Recommending optimal settlement terms
  • Preparing for and attending as counsel in mediation proceedings
  • Acting for them during mandatory settlement conferences before the courts
  • Acting for them during optional mediation conferences before human rights tribunals or other administrative bodies.
  • Acting for clients throughout the litigation process, including before trial and appellate courts, where mediation is not successful.