JUDICIAL MEDIATION
A guide to employment tribunal judicial mediation from the employment law experts
Marjon Law, specialist employment lawyers is owner-led by
Marc Jones, who is ranked and recommended in legal publications as a
leading employment law solicitor, with over 20 years of experience
practising solely in employment law.
If you (as the Claimant) have commenced an employment tribunal claim against your employer or ex-employer (the Respondent) and are a litigant-in-person you may have received a notice from the tribunal for a preliminary hearing and a case management agenda to complete, which will refer to judicial mediation. This can feel overwhelming.
(1) What is judicial mediation?
Judicial mediation is an entirely voluntary process that can help resolve your dispute without having to continue the tribunal process to a final hearing.
Judicial mediation is a consensual, confidential and facilitative process. The focus is on cases listed for three days or more. These cases are usually claims of discrimination and whistleblowing detriment, as well as more complex claims of unfair dismissal.
Consensual means that both parties have agreed to the process, and that they may withdraw from it at any time without explanation or sanction.
Confidential means that the parties can speak freely (on a “without prejudice” basis) during the mediation without worrying that any concessions made will be used against them at a final hearing if the mediation fails.
Facilitative is used in contrast to “evaluative”; it means that, unless the parties have agreed to such a course, the Employment Judge conducting the mediation will generally not give any party in the case an indication of their prospects of success.
The aim often is to hold the mediation before the parties have incurred significant cost, to maximise the savings that an agreement can deliver.
- both you and the Respondent must agree to take part in the process
- the process is conducted on a “without prejudice” ie anything that is discussed during the mediation cannot be used later if your case continues to a final hearing
- you are not giving up your employment rights – if your case does not settle, you can still continue with your claim, and progress this to a final tribunal.
(2) How does the judicial mediation process work?
A trained employment judge leads the session, but they do not act like a judge in a hearing. Instead, they act as a neutral facilitator, helping both sides understand the key issues and explore settlement options.
Judicial mediation usually starts with a short introduction by the mediator judge who meets everyone who has attended and summarises the ground rules for the day. After that the judge usually speaks separately to each party during the mediation and acts as the communicator between them. Mediation is generally conducted by video but in appropriate cases a judge may direct that it is conducted in-person at a hearing venue or by telephone.
The tribunal does not usually offer mediation in the form of a round table negotiation between the parties (although it is open to parties to do this if they choose to).
A judicial mediation usually occupies a day of tribunal time.
(3) What are the benefits of judicial mediation?
Judicial mediation typically lasts one day and avoids the stress, delay, and cost of a full hearing. If an agreement is reached, it’s usually finalised through a COT3 agreement via Acas – which is legally binding.
You can bring your legal representative to support you.
Many employees find it less confrontational and more constructive than a formal tribunal.
Comment
Judicial mediation isn’t right for everyone, but it can be a valuable alternative for Claimants and Respondents who want a fair, confidential, and quicker resolution, especially in sensitive or high-stakes cases.
If you are a litigant-in-person in an employment tribunal claim, this can be scary, especially where the Respondent is represented by solicitors. You may feel out of your depth and in need of support. Marjon Law is here to help.
This blog does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.
Why choose Marjon Law for advice and representation for judicial mediation?
We have been representing clients with employment tribunal claims for over 20 years. We have been involved directly and indirectly with hundreds of employment tribunal claims for clients, many of which have involved discrimination.
As specialist employment lawyers, our clients' interests are paramount to us.
We ensure that all our clients receive the best advice possible.
We will prepare the documents and represent you at the judicial mediation.
Contact us today ...
