Judicial Mediation UK: Employment Tribunal Guide

Overview

Judicial mediation is a voluntary, confidential process offered within the Employment Tribunal system where a trained Employment Judge, acting purely as a mediator rather than a decision-maker, helps the parties to a dispute explore settlement. It is not a hearing.

Nobody gives evidence, no judgment is handed down, and the judge involved in the mediation takes no further part in the case if it does not settle. Typically it is offered in cases that are likely to take several days at a full hearing, such as discrimination, whistleblowing, or complex unfair dismissal claims, where the emotional and financial cost of proceeding to trial is significant for both sides.

The mediator's role is to facilitate a conversation, test the strengths and weaknesses each party sees in their own position, and help them find common ground. Crucially, any outcome is whatever the parties themselves agree, not something imposed on them.

If mediation fails, the case simply continues to a full hearing as normal, with nothing said during mediation admissible later.

Key steps

1. Case identification at a preliminary hearing. At an early case management hearing, the Employment Judge reviews the claim and assesses whether it is the kind of dispute that tends to benefit from mediation. Longer, more complex cases such as discrimination or whistleblowing claims are the usual candidates, because the stakes and hearing time justify the investment.
2. Offer and agreement from both sides. The judge raises the possibility of mediation with the claimant and respondent. Both parties must agree voluntarily for it to go ahead. If either side declines, the case proceeds toward a full hearing in the normal way, and no adverse inference is drawn from refusing.
3. Referral to a Regional Employment Judge. Once both sides agree in principle, the file is passed to a Regional Employment Judge who decides whether the case is genuinely suitable and approves it for the scheme. They consider factors such as complexity, the relationship between the parties, and the realistic prospects of settlement.
4. Telephone preliminary hearing and preparation. A short telephone hearing is then held to fix the mediation date, confirm who will attend with decision-making authority, and adjust any existing orders or deadlines. This is also when practical arrangements, such as whether sessions run in person or remotely, are confirmed for both parties.
5. The mediation day itself. On the day, the judge usually meets both sides together briefly, then works in separate rooms using shuttle diplomacy to test positions and move parties toward a middle ground. If a settlement is reached, it is recorded in writing and becomes binding. If not, the case continues to a hearing with a different judge, and nothing from the mediation can be referred to again.

Common questions