Judicial Mediation
Facing an employment dispute can be a daunting process, filled with uncertainty and legal complexities. Judicial mediation offers a less formal, often quicker, and potentially less stressful way of resolving employment disputes.
What is Judicial Mediation?
Judicial mediation is a voluntary and confidential process where a trained mediator (often an Employment Tribunal judge) assists the disputing parties in reaching a mutually acceptable agreement.
Judicial mediation is particularly suited for employment disputes where both parties are open to dialogue and seeking a resolution outside the formal tribunal hearing.
Judicial Mediation is worth considering in most cases and is something which the Tribunal will the parties if they are interested in during a preliminary hearing.
Litigation is stressful, costly and holds no guarantee of success. Also it can take several months, sometimes years for a claim to proceed to a final hearing. For these reasons, litigation, whilst a valuable tool is often an option of last resort.
Therefore, if you’re looking to avoid the stress, time, and costs associated with traditional tribunal proceedings or if you remain in employment and are looking for a speedy resolution to an ongoing dispute then judicial mediation may be an option well worth considering
Key stages:
Judicial mediation involves several key steps:
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Pre-Mediation Assessment
Before mediation can proceed, both parties must agree to participate. An employment judge or a case management officer will assess whether the case is suitable for mediation.
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Choosing to Mediate
Once both parties agree, and the case is deemed suitable, a mediation session will be scheduled. This agreement is crucial, as mediation is a voluntary process. Often a mediation session can be listed within a couple of months and can take place remotely if needed.
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The Mediation Session
During the session, the mediator (an employment judge) facilitates discussions between the parties, helping them explore possible resolutions. The aim is to find a mutually acceptable solution without the need for a formal tribunal hearing. The parties can attend with a legal representative by way of support.
The purpose of the hearing is not to engage with evidence but rather to navigate if there is any scope to reach an amicable settlement. Tribunal sometime request the parties in advance of the hearing to produce a brief bundle of key documents (often limited to the Tribunal pleadings) and a Schedule of Expectations in which the claimant is asked to set out their losses and the remedy they are seeking by way of a resolution and the Respondent (employer) is asked to set out their counter proposals.
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Reaching an Agreement
If an agreement is reached, it’s typically recorded in a document that both parties sign, making it legally binding. If no agreement is reached, the dispute may proceed to a tribunal hearing.
How we can help...
At Lawson West, we understand that navigating the waters of judicial mediation can be overwhelming. That’s why our legal experts are here to guide you through every step of the process. From understanding your rights and preparing for mediation to advising on potential outcomes and strategies to accompanying you to the mediation and providing you with help and support during the mediation session to reach a favourable settlement for you.
Our aim is to help and support you. To simply the legal process and help you meet your desired aim.
If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
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