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 to the choice of mediator, but either can make suggestions as to who that mediator will be.

We offer ‘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 situations 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.

Oliver Edwards, Janita Patel, Georgia Coleyshaw and Harie Bariana.

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

News News

RELATED RELATED

News News

RELATED RELATED

News News

RELATED RELATED

News News

RELATED RELATED

Employment Law Webinar
Employment
31/01/2024

March Employment Law Webinar- What to expect in 2024

New legislation and case law are like buses! Throughout 2024 there is a wave of new employment legislation coming into force. Members of our specialist Employment Team will update you...

Employment law conference
Employment
31/01/2024

Register now for our Employment Law Conferences, 16 May &...

We are delighted that St Philips Employment annual conference is returning in 2024. Following the huge success of our 2023 events, our specialist Employment Team will again be delivering a...

Francis Mortin
Employment
19/01/2024

Francis Mortin secures success in Employment Tribunal for Teacher found...

Francis Mortin, instructed by Shazia Shah at Irwin Mitchell LLP, represented primary school teacher Miss Andrea Mairs at a final hearing in the Liverpool Employment Tribunal that spanned 7 days...

Pro bono pledge
Employment
12/01/2024

Adele Akers completes Advocate’s Pro Bono Pledge

Congratulations to Adèle Akers, a member of our employment group, on completing Advocate’s Pro Bono Pledge after completing over 25 hours of Pro Bono work in the past year. In...

Julie Duane
Employment
28/11/2023

Costs Consequences – Tribunal Orders a detailed costs assessment

In November 2023 Julie Duane represented the Respondent, a Local Authority, in its application for costs of almost £200,000 against a Claimant.  Following a separate complex and multi-faceted final hearing...

Julie Duane
Employment
17/11/2023

Claimant awarded damages in excess of £25k

In October 2023 Julie Duane represented the Claimant during a multi-day final hearing. On the first day of the hearing the Claimant’s application to strike out the response was successful...

Elizabeth Hodgetts
Employment
24/10/2023

Elizabeth Hodgetts successfully co-appeals in Employment Appeal Tribunal

Chief Constable of Derbyshire Constabulary, Chief Constable of West Midlands Constabulary, & Secretary of State for Home Department v Clark & Bell; EAT Judgment (Eady J, President) handed down 23...

Patrick Keith
Employment
05/10/2023

All claims dismissed in case where Patrick Keith represented the...

In April-May 2023 Patrick Keith represented the National Crime Agency in a four-week trial concerning whistleblowing, disability discrimination, harassment, victimisation, holiday pay, working time regulations, various breaches of contract and...

Petar Starcecvic
Employment
04/10/2023

Petar Starcevic secures dismissal of all claims against Birmingham City...

Following a four-week trial in June, Petar Starcevic was successful in securing the dismissal of all claims against Birmingham City Council in a whistleblowing, disability discrimination and victimisation case.

Sophie Garner
Employment
21/09/2023

Fernandes v DWP – test in relation to time limits...

Sophie Garner represented the Respondent in this case, in which the Claimant had appealed the ET’s decision to strike out their claim of failure to make a reasonable adjustment. The...