Mediation is an alternative way to resolve your employment dispute. It has many benefits, as it is conducted on confidential basis and usually is less expensive than litigation. Foremost, you do not have to wait for a year or more for your case to be considered. Mediation can certainly accelerate the process if both parties are open to it.
The two types of mediation are discussed in detail below.
Once a claim is lodged with the Employment Tribunal, you and your opponent will be asked whether you are interested in judicial mediation. There is no requirement for you to provide an explanation to the Tribunal if you are not open to judicial mediation.
If both parties confirm that they are interested and the judge is of a view that the case is suitable then a mediation session will be listed relatively soon. In our experience, it can be listed within a couple of months if not less.
An employment judge will act as the mediator. Judicial mediation is usually held either by telephone or video and will usually be scheduled for one day. During that time, the judge will take turns speaking to you and your opponent separately to try and understand both sides to ultimately help find a solution everyone is happy with. This service is provided free of charge.
There is an option to withdraw from the judicial mediation, if you happen to change your mind.
There is no obligation to reach an agreement at the end of the mediation, but if any agreement was to be reached during the process it will be legally binding.
Parties can also opt for private mediation. This can be more costly, but in most cases this can be met by the employer. Alternatively, the fee can be split between you and your opponent.
This is a very similar process to a judicial mediation, but it does not require a judge signing off, or indeed taking part of the process at all, for the mediation to go ahead. The mediator will usually need to be agreed between the parties in advance of the mediation taking place.
You and your opponent will also have flexibility over the date of mediation. A mediation session can be scheduled within a few weeks only. It can also last beyond working hours to accommodate the parties' needs.
In summary, private mediation offers parties greater flexibility, shorter waiting times and more experienced mediators.
We are highly experienced in mediation process and we work with the best mediators so you can be assured that you are in safe hands.
We can help you to organise a mediation process, select a suitable mediator, prepare documents and most importantly prepare you for the session.
We will advocate your interests in the best manner possible to ensure you are satisfied with an outcome.
We believe that majority of disputes can be resolved through mediation. If you wish us to advise you on whether your dispute can be resolved through mediation, please contact us today and our experienced solicitors will be happy to assist you.