Lead Forensics
Prettys Solicitors Ipswich

Employment Law

Workplace Mediation

Who is present?

You and the other party attend meetings together with an independent trained mediator whose function is help you both explore the issues and decide on outcomes that best meet your needs.  Parties often attend mediation meetings without their solicitors, however, in some cases it is appropriate for solicitors to attend.   In some instances other specialists such as accountants, recruitment consultants, trainers or business coaches, and other specialists may be brought in to assist in the mediation process directly with you or by providing a written report for the mediation process.

What are the rules?

Mediation is a neutral and consensual process and you need to be comfortable sitting in a room with each other, together with the Mediator.  Meetings are legally privileged which means that most information remains confidential and cannot be used outside the Mediation process.  This encourages open and constructive dialogue.  Discussions are also without prejudice which means that potential settlement scenarios can be explored in a non-binding way unless or until the parties choose to be bound.

How does it work?

If you both agree, the Mediator will meet with you and the other party, individually, to understand your position and how you feel about face to face discussions in order to be sure that mediation is likely to work. If, after that first individual session, the Mediator considers with you that the case is suitable, the first joint session is arranged.

How long does it take?

Mediation meetings tend to last between half a day and several days and several meetings may be needed to reach a successful outcome. 

What happens with the outcomes reached?

If a successful outcome is reached this is recorded by the mediator. The format of this documentation will depend on the type of dispute being resolved and how the dispute is resolved.

What happens if it doesn’t work?

If a solution cannot be reached other methods of resolution remain available so the parties lose nothing by trying to resolve disputes in this way.  Even if full agreement has not been reached the areas of dispute may have been narrowed.  It is still an option to apply to the court or tribunal.

What happens if the other party does not have a solicitor?

The mediation can still proceed as it is not a requirement that you each instruct solicitors separate to the mediation process.

What should I do now?

If you would like any further information, please contact:

Kelly Sayers

Partner - Head of Employment Services

e ksayers@prettys.co.uk

t 01473 298291

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