Mediation

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

Workplace 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

Fees for St Philips Employment Mediators can be obtained by calling the clerking team on 0121 246 7015.

Our Mediation Barristers:

Please get in touch with our dedicated employment clerking team with any questions regarding our service and expertise.

Janita Patel and Manpreet Kaur.

employment@st-philips.com +44 (0) 121 246 7015

News

RELATED

News

RELATED

News

RELATED

News

RELATED

Employment
03/11/2022

Court of Appeal to consider landmark Covid unfair dismissal case

In what is thought to be the first appellate case of its kind, the Court of Appeal will today hear the case of Mr D Rodgers v Leeds Laser Cutting...

Employment
02/11/2022

Seminar: “Anti-vaxxers” are they protected under the Equality Act?

We are pleased to confirm that our rescheduled “Anti-vaxxers” seminar will now take place, via Zoom, on 9th December at 0930 and be hosted by Ed Beever and Bruce Frew. Topic: “Anti-vaxxers”...

Employment
06/10/2022

New probationary tenant for our employment group

We would like to offer a warm welcome to Adèle Akers, called 2017, who has joined Chambers’ employment group as a Probationary Tenant bringing with her a wealth of legal...

Employment
01/10/2022

Bruce Frew successfully represents John Lansdown in unfair dismissal case

Specialist employment law barrister Bruce Frew, instructed by Consilia Legal, has successfully represented John Lansdown the only seafarer to reject a payoff from P&O following the mass sackings that took place...

Employment
25/08/2022

Heatwaves are something we’ll have to get used to

In association with Birmingham Law Society, specialist employment barrister Julie Duane recently contributed to the HRDIRECTOR in an article titled “Heatwaves are something we’ll have to get used to” discussing...

Employment
22/07/2022

Sarah Harty joins Chambers’ Employment Group

We are delighted to welcome Sarah Harty to Chambers as a tenant within our employment group. Sarah came to the Bar after a successful first career in the public sector,...

Employment
20/05/2022

Petar Starcevic secures victimisation compensation for Claimant

Petar Starcevic won a hard fought racial and age discrimination claim against a national casino chain. The win has attracted national publicity in newspapers and radio because one of the...

Employment
06/05/2022

First EAT consideration of a Covid-19 related dismissal

In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that...

Employment
05/05/2022

COVID Collection Seminar Series

Topic: “Anti-vaxxers” are they protected under the Equality Act, what are the implications, what are the potential human rights issues and have they made a protected disclosure? Date: 9th December...

Employment
11/04/2022

Did P&O break the law?

Elizabeth Hodgetts has recently concluded a protective award multiple. The issues included what constituted an establishment, whether elections should have taken place, and whether consultation was meaningful. Below, Elizabeth considers...