Judicial Mediation

What does a successful Judicial Mediation look like?

To some extent, a successful Judicial Mediation means that both parties are slightly disappointed because the employer will have ended up paying more than they initially wanted to and the employee may have accepted less than they originally wanted to in their mind before the Judicial Mediation.

To be successful, both parties must agree to compromise for the Judicial Mediation to end up a success and to resolve and conclude the dispute.

Is Judicial Mediation free? 

Yes, Judicial Mediation is free. In addition to that, it significantly cuts down on the time it takes to resolve employment disputes and cuts down on legal costs for both parties. 

Normally, the Tribunal aims to have employment matters finished within 26 weeks of a claim being brought which in reality, due to court availability and Covid backlogs, takes anything between 1 and 2 years or more.

A Judicial Mediation session is normally arranged for a half day or a full day. As a result of the recent pandemic, it can take place remotely, via video using the Tribunal’s Cloud Video Platform software, or by telephone. 

On the day of your Judicial Mediation session, the Employment Judge will bring you and your employer (or their representative) together to explain how mediation works and what will happen. If the session is held remotely, you and the other party will be placed in separate virtual rooms and then provided this information. 

After the initial meeting, you will go back to your own room and the Judge will switch between the rooms, seeking to understand what both you and your employer are trying to achieve, managing expectations, and relaying any messages. 

If you and your employer reach an agreement to settle, this will be dealt with by ACAS who will produce a settlement agreement called a COT3 agreement. 

Similarly to other forms of mediation, Judicial Mediation is confidential and encourages solutions to dispute resolution. It is not overly focused on the legal positions of the parties – although the Judge may impart his views on aspects of the case to the parties if it will assist the parties to reconsider their positions to help reach an agreements. 

Nothing that is discussed at the Judicial Mediation can be used by either party at a final hearing of your case if Judicial Mediation fails.

Is Judicial Mediation the only form of alternative dispute resolution?

Judicial mediation is not the only way your dispute can be settled. 

Numerous cases are resolved via ACAS – through early or ordinary conciliation, and between the parties themselves using a Settlement Agreement. 

If your dispute can’t be resolved via these routes, you can take your case to the Employment Tribunal which is usually the last resort. 

Is Judicial Mediation worthwhile?

Judicial Mediation is certainly worthwhile as it not only reduces legal costs but also stress. In addition, it allows disputes to be resolved informally and quickly in a fraction of the time required for a fully contested Tribunal hearing. 

Judicial mediation also has a high success rate. Therefore, it is worth considering before other methods of dispute resolution.

You may also be able to get help with representation at a Judicial Mediation of a no win no fee employment solicitor. Start your free case assessment here.

What are the disadvantages of Judicial Mediation?

There are none really. However, you still need expert assistance and advice in preparing for and conducting the Judicial Mediation itself to ensure you receive the optimum damages. The last thing you want to happen is to under-settle your claim by agreeing to accept a settlement figure below what it should be.

As a firm of experienced No win No fee Employment Law Solicitors, we can help you on a no win no fee basis which means you will not have to pay any costs upfront. As we are ultimately paid on results, we always ensure that we maximise any settlement achieved at a Judicial mediation hearing.

If a settlement proposal is just not acceptable and we are unable to negotiate it upwards, then we will advise you to reject the proposal, close the Judicial Mediation and allow the case to move forwards to a full Tribunal Hearing.

Our team have been involved in a number of Judicial Mediations, so if this is an option you are interested in exploring, please do get in touch. 

Is Judicial Mediation available after dismissal?

No, it is only available after you have issued your Tribunal claim.

Why would an employer agree to Judicial Mediation? 

An employer may agree to a Judicial Mediation because it potentially saves them legal costs and loss of management time.

For a Tribunal Judicial Mediation to take place, it needs the agreement of both parties and the Tribunal.

No win No fee Solicitors for Judicial Mediation 

If you are an employee looking for help and advice on employment matters then our specialist Employment Tribunal solicitors can help. 

Please call us on 0800 612 9509 for free advice, or fill in our contact form. Alternatively, you can start your free case assessment online now and we will get back to you if we can help.