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Mediation is a fast-growing alternative to litigation.

We have many years of Employment Litigation experience on both sides of the fence. We can help parties facing Employment Tribunal Litigation to find a resolution to their disputes which may be less stressful, expensive or time consuming.

What will happen during a mediation?

Mediation is a process where a neutral third party facilitates a negotiation between parties to a dispute.  The mediator is not aligned with a party, favours neither side and is not committed to any outcome or result.  

The Mediator's role:

The Mediator helps the parties identify and appreciate the risks presented by their dispute, manages the negotiation process; acts as a reality check; facilitates communication and assists in the search for options; asks questions to clarify conflicts, and intervenes to keep everyone focused and on track.

On the Day:

Initially the parties will usually start in the same room, the mediator will welcome the parties and the parties may briefly open with a short statement of their case. The parties then move to private rooms where meetings with the mediator take place.  The mediator “shuttles” back and forth between rooms, carrying messages, engaging in risk analysis, and conveying offers and counter offers back and forth.  Throughout the process, the mediator openly shares his opinion of the merits including the strengths and weaknesses of each side, and his predictions of the likely outcome if the case goes to trial.  The mediator remains neutral, in the sense that he doesn’t take sides, but he does reveal his judgments as to the merits.  If the parties are having difficulty coming together as to the value of the case, the mediator may share his views on that issue, as well.

Whenever the mediator meets with one side in private session, or caucus, he has a similar meeting with the other.  However, the time spent in each room is rarely equal.  In most cases, one side or the other requires more time and effort than the other.


Any information privately shared with the mediator that a party is not ready to disclose or reveal to the other side will be kept in confidence by the mediator.  In addition, things said in mediation will not be shared by the mediator outside of the mediation.


The mediator will facilitate, offers and negotiations and the parties may reach a conclusion to the dispute. The solicitors will often draw up an agreement and all parties sign it. If there are no solicitor representatives we can draw up the agreement for the parties.  What is agreed forms a binding agreement and the terms of it and the discussions during mediaiton must be kept confidential.