Employment Tribunal Judicial Mediation
Judicial Mediation can sometimes be a sensible way for clients to resolve their Employment Tribunal matters, this is especially so with the current delays at the Employment Tribunal. At Lincs Law Employment Solicitors, we want to help and we set out below some information and guidance to assist you.
Whilst we always hope our posts are helpful, nothing beats discussing your personal situation with a fully qualified Employment Solicitor. If you would like a no obligation, free consultation, just fill out a contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512
What Is Judicial Mediation At The Employment Tribunal?
Judicial Mediation is a formal process where an Employment Judge acts as a mediator between the parties. Essentially, the idea is that both parties submit a formal document called a “Position Statement” setting out their objectives in terms of agreed actions and compensation. The parties then undertake negotiations through the Employment Judge to see if the matter can be concluded in this way. It is not an Employment Tribunal hearing, but the parties are required to attend the mediation fully prepared to engage in the process. Any final agreed outcome between the parties is binding upon both and can be enforced.
What Sort Of Employment Tribunal Claims Are Suitable For Judicial Mediation?
An Employment Tribunal claim will be identified as suitable for Judicial Mediation by an Employment Judge undertaking a Preliminary Hearing. Claims for discrimination and equal pay are considered suitable, especially if there is an ongoing relationship between the employer and employee and the employment contract has not ended.
What Are The Benefits Of Judicial Mediation At The Employment Tribunal?
Judicial Mediation is an entirely voluntary process. Neither party to an Employment Tribunal can be required to mediate. Therefore, if parties have agreed to enter into mediation, it is likely a settlement will be achieved at the end of the process.
Judicial Mediation will usually be a quicker process – especially taking into account the difficulties currently faced by the Employment Tribunal dealing with a backlog claims. A multi-day discrimination matter could be waiting over a year for a listing, whereas, if the parties have agreed to Judicial Mediation, this can take place within a few months.
Although all parties are required to attend (virtually at the moment), and an Employment Judge acts as a mediator, this is not a process where evidence is required or where there is a winner or loser. The idea is to achieve a mediated resolution of the dispute. Where there is an ongoing employment relationship, rebuilding that relationship after a contested Employment Tribunal hearing can be incredibly difficult.
It follows from the above that mediation is very cost effective and, if you are able to achieve a mediated resolution, this will be substantially cheaper than progressing through a full Employment Tribunal claim.
In addition, the Employment Tribunal are restricted as to what they can and cannot award at a Final Hearing. However, in Judicial Mediation, it is common that mediated resolutions include agreements as to Employer References, changes to terms and conditions of employment etc which would not (and sometimes could not) be included in an Employment Tribunal Judgment.
Although applicable to all settlements, not just through Judicial Mediation, the recoupment regulations do need to be considered as a factor. To explain, if a Claimant has been receiving benefits during a period of unemployment, as part of any judgment and award an Employment Tribunal will make an order that those benefits must be repaid. The amount of any award is not increased to take recoupment into account. In fact, the Employment Tribunal will decide the total amount of any award and then the amount received in benefits is deducted. This does not happen in the same way if there is a settlement, which includes Judicial Meditation. No benefits need to be repaid in such circumstances.
If you agree to Judicial Mediation and it is unsuccessful (you can’t agree a resolution with the opposing party), you can still continue with your Employment Tribunal claim. You are not prevented from continuing with your claim because you have agreed to Judicial Mediation. The only way your Employment Tribunal claim would be brought to an end is if there was a mediated resolution to your dispute. Also, any matters discussed or concessions made at the Judicial Mediation cannot be referred to in the Employment Tribunal proceedings.
What Are The Disadvantages Of Judicial Mediation At The Employment Tribunal?
Some clients report that as this is a different type of process (without any witnesses going into the witness box or any final Employment Tribunal Judgement), they are sometimes unhappy with how their litigation was brought to a close. This is not to say that they have not achieved what they would have achieved at the Employment Tribunal by way of any financial compensation or similar. Only that they have not felt the sense of closure in the same way as if the matter been litigated to a Final Hearing.
Do I Need A Solicitor For Judicial Mediation At The Employment Tribunal?
The short answer is no. Just as with an Employment Tribunal hearing, you can represent yourself. However, we would suggest that even if you decide not to have a solicitor with you at the Judicial Mediation itself, you should get some legal help to value your claim and help you prepare your Position Statement. You want to make sure you are not significantly over valuing or (even worse) under valuing your claim.
Lincs Law Employment Solicitors Can Help You
If you have been asked to consider Judicial Mediation, just fill out a contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 for a free consultation about your situation with an Employment Solicitors. Alternatively, for more information about how Lincs Law Employment Solicitors help clients with their Employment Tribunal claims, please visit our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
Sally Hubbard
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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