Judicial mediation and employment tribunal cases
Judicial mediation is a voluntary process used in employment tribunal cases to help both sides reach an agreement without going to a full hearing. It’s led by a specially trained employment judge who acts as a neutral mediator, guiding discussions and helping explore possible solutions. It’s often used in more complex or sensitive cases, like discrimination or whistleblowing claims, and can save time, stress, and legal costs. If successful, the outcome is legally binding and avoids the need for a tribunal decision.
Employment tribunal claims
Have you already issued your own Employment Tribunal Claim?
If so, you may now be waiting for your (former) employer to submit its Response to your claim (by way of the ET3 Response Form) or you may be working through the Case Management Directions or preparing for a Preliminary Hearing of your case.
Judicial Mediation is voluntary and confidential
Did you know that the parties to an Employment Tribunal claim can request that a Judge assists them with trying to reach a settlement of the case?
This is known as Judicial Mediation which is an entirely voluntary and confidential process which will only be offered by the Employment Tribunal if both parties are keen and wish to participate. If the Judicial Mediation is successful, the formal settlement agreement (or COT3 agreement facilitated by ACAS) will include the withdrawal of the claim(s) and the dismissal of the Employment Tribunal proceedings.
How do I prepare for Judicial Mediation?
Prior to Judicial Mediation a case management discussion will usually take place in order for the Judge to make the appropriate arrangements. The Judge will set Case Management Directions or a timetable of steps for the parties to take beforehand in order to prepare for the Judicial Mediation.
This will include the preparation of a document by each party setting out their position and also their expectations with regard to settlement. The Judge will also allocate a date and time for the Judicial Mediation; usually this will be a full day but sometimes only half a day is allocated depending on the type of claim(s) involved.
What will happen at a Judicial Mediation?
The Employment Judge who acts as the mediator will have been specially trained.
Whilst it is not necessary for the parties to be legally represented at a Judicial Mediation, it can be beneficial in order to ensure expectations are both managed and realistic and also that the best use of the limited time is made.
The Claimant and a representative from the Respondent (employer) will be required to attend and it is important to ensure that the representative who is attending on behalf of the employer has the requisite level of authority to enter into an agreement.
The Judge will usually meet with both parties and any representatives at the start of the Judicial Mediation in order to explain the timetable for the day and s/he will then work with each of the parties separately in order to try to progress negotiations between them.
If the Judicial Mediation is successful such that a settlement is reached, this will be formally documented in a settlement or COT3 agreement.
Would you like us to advise and represent you at a Judicial Mediation?
We can assist you with the preparation of your Schedule of Loss and Position Statement along with representing you at the Judicial Mediation itself. This will be dependent on geographical location if the Judicial Mediation is taking place in person; however, the majority of Judicial Mediations are now listed to take place remotely via telephone or Cloud Video Platform.
