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Employment Law A-Z Judicial Mediation

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J is for… Judicial Mediation

An important element of the Employment Tribunal process is that of judicial mediation. This involves both willing parties, accompanied by their legal representatives if they have them, usually appearing before a judge before being placed into separate tribunal rooms. It is then the role of the judge to impartially mediate, assess the position and points of each party and in a constructive manner, assist and potentially facilitate the parties to agree on a settlement.

Individuals often respond well to Judicial Mediation, beyond the ACAS conciliation process. Psychologically they may feel as though they have had their day in court, and the judicial assessment of both parties’ cases can help a litigant in person to recognise litigation risks, and they may be given a realistic view of the likely value of their case should their claims succeed.

It is important to note that not all cases will be suitable for judicial mediation and both parties should be willing and engaged with the process for it to have a chance of success. That said, should it be successful, it will likely save time and costs for all involved.