Mediation at Work
Mediation at work is a form of alternative dispute resolution which can avoid the need for an Employment Tribunal hearing. There are two types of mediation; judicial mediation and non-judicial mediation. In both cases, mediation is voluntary, private and a third party (the mediator) works with the parties to find a solution.
“Rachel, I am so grateful for everything you have done on my case! Driving back, it is starting to sink in that after tomorrow it will finally be over. Thank you for suggesting mediation, I would never have even known about it if you had not suggested it.” – Ms M
In selected cases, the Employment Tribunal will offer parties the opportunity to take part in a judicial mediation. If you have a claim for discrimination which has been listed for a 3 day hearing (or longer), your case is likely to be suitable for judicial mediation. If the Tribunal do not consider your case suitable for judicial mediation, but both parties are interested in mediation, we can organise non-judicial mediation for you. We will attend the mediation with you to provide you with support and advice on the day.
Judicial mediation takes place at an Employment Tribunal and an Employment Judge acts as an independent mediator. The purpose of judicial mediation is to try and identify the areas of dispute and help the parties reach a settlement; the merits of the case are not discussed. Parties spend most of the day apart, with the mediator going between them trying to arrange a settlement. This is particularly useful in discrimination cases when the Claimant is usually very anxious about coming face to face with the person that has discriminated against them.
“Thank you for all you have done for me…I’ve never had anybody that has stood up for me before so thank you for everything you and Helen have done…wish you all the best.” – Ms R
There are many advantages to mediation. Mediation takes less time and is less stressful than an Employment Tribunal hearing. Mediation also offers non-financial remedies such as an apology or reference, which would not be awarded by an Employment Tribunal. However, mediation will only work if both parties are interested in settling the claim.
We have been very successful with mediation. Since judicial mediation was introduced in 2006, every judicial mediation we have attended with a client has resulted in a settlement, which has avoided the need for our client to go to a hearing.