With the backlog in the Tribunal system, everyone knows that litigating an employment dispute can be costly, stressful and slow to resolve. Responses to the rapidly increasing numbers of ET claims have emphasised the need to look at alternative ways of resolving employment claims or preventing workplace disputes becoming claims in the first place.
Our barrister-mediators and -investigators know through experience that many of the tribunal cases they have been involved with could have been avoided, had there been timely intervention to resolve, rather than inflame, the dispute. Knowing how to intervene isn’t just a matter of guesswork: it’s a matter of judgment, which our barristers have developed over years of practice.
Our mediators and investigators are independent barristers in private practice, meaning that they have no ongoing relationship with either party. Their skills and experience teach them to approach each dispute with fresh eyes. This means that parties using any of our ADR services can have full trust in the process.
Because our team are tribunal hearing and courtroom specialists, they know what makes a winning or losing case and what judges are likely to think about the issues. That means that when acting as mediators, they will work with parties by ‘reality testing’ entrenched positions using practical insight and then encourage active consideration of reasonable and proportionate alternatives instead. As investigators, they can use these same skills when delivering independent, tailored and appropriate recommendations to clients helping managers or panels reach clear and reasoned decisions.
From executive directors with shareholdings in their employer, to part-time and agency workers, we have handled the full spectrum of employment disputes and know where realistic compromise is possible.
When the working relationship has broken down to the point of being irrecoverable, you may think that a tribunal is where you’re headed. But this is not inevitable. At any point in the life of a dispute, mediation can be the answer: this could be in the first six months after the end of the employment, during ACAS early conciliation, or during the protracted period between issue of the claim and final hearing. With litigation costs mounting, and hearing dates set years in the future, our mediators can help parties move from deadlock to resolution, at a fraction of the cost and delay of a contested hearing. Once our mediators have helped the parties settle the case, everyone can put the case behind them.
But what about tackling things earlier? If the parties are still working for the employer an independent workplace mediation can be the answer. Perhaps there has been a disagreement between the CEO and Chair of the Board, a junior manager and her supervisor, or two front-line staff. The first and sometimes final stage in a workplace mediation involves working confidentially with each side to craft a plan, setting out the way forwards for the working relationship. There is also the option for ongoing liaison with the parties, to see the relationship recovery-process through to implementation. Our team of mediators, some of whom have particular workplace mediation qualifications or experience, can work to deliver a tailored solution.
We provide independent, thorough and fair investigations into grievances, disciplinary matters, whistleblowing concerns, and allegations of discrimination or harassment. Our investigators have experience in all levels of investigations from basic misconduct to high-stakes investigations with potentially catastrophic consequences for organisations and extreme personal challenges for all individuals involved. Our investigators produce clear, evidence-based reports that stand up to scrutiny, and which can include recommendations for further grievance or disciplinary processes or give roadmaps for SMT or organisational recovery.
St Philips’ premises offer a professional, neutral setting with private rooms for each party, so your mediation can run smoothly from start to finish.
Wherever possible, we offer fixed fees, so you know the cost from the outset. Mediation fees are fixed according to the seniority of the mediator. Investigation fees reflect the seniority of the investigator, the position of the employee involved, the volume of documents and the complexity of the issues. Regular updates can be requested. Full terms and condition details available on enquiry.
St Philips Chambers provides independent dispute resolution services. Mediators and investigators act in a neutral capacity and do not act as advocates for any party.
Oliver Edwards, Janita Patel, Hannah Rae and Olivia Middleton.