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
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
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.