Using Mediation in Employment Disputes
St Philips Employment Mediators are a specialist team of barrister mediators who are all experienced in employment and discrimination law cases. You get the dual benefit of using not only a trained and experienced mediator, but someone who will understand all the issues involved from an expert legal, as well as a dispute resolution standpoint. Both parties need to agree the choice of mediator, but either can make suggestions as to who that mediator will be. St Philips Employment Mediation Service offers ‘facilitative’ rather than ‘evaluative’ mediation, meaning that the Mediator does not act as a Judge and will not – unless the parties wish – comment on the merits of the claim or defence.
Types of Mediation
St Philips Employment Mediators are all well aware of the types of situation in employment relationships that can result in tribunal or court claims being made, and can assist right at the start in preventing those situations from escalating. For example, when it looks like a grievance procedure isn’t going to resolve employees’ concerns it can save time to use mediation to help parties mend the working relationship. Unlike dispute resolution mediations (see below) where a legally binding agreement is reached, workplace mediations result in a memorandum of understanding that all parties (employee/employee or employee/employer) involved in the dispute have agreed to. This process helps to create a fresh start and new, stronger working relationship that can help to avoid a claim being made at all. St Philips Employment Mediators can also mediate where the employer or employee has opted to start ‘pre-termination negotiations’ with a view to terminating the employment relationship, but prior to any dispute arising.
Dispute Resolution Mediation
If matters have deteriorated to the point where a legal dispute has started or seems likely, St Philips Employment Mediators are all equipped with the right experience and training to resolve the matter. A full day will be set aside at St Philips’ Chambers for parties to mediate away from either their own or their solicitors’ premises, giving them time to consider all options for settlement that may be just financial but which could also include non-monetary solutions that are not available from a court or tribunal e.g. apologies or – where the parties are still in an employment relationship – an agreement as to working practices going forward.
How Does it Work?
St Philips Employment Mediators work from their premises in Birmingham and Leeds where the conference suites can be used free of charge, or they can travel to any other location agreed by the parties. Summaries of each party’s case and a limited amount of papers are usually forwarded to the mediator, who will read the papers through before speaking to the parties by phone in preparation for the mediation. A day is allocated for the mediation at the conclusion of which the aim is to reach a legally binding agreement between the parties.
Fees for St Philips Employment Mediators can be obtained by calling their clerk, Gary Carney, on 0121 246 7000.