PRACTICE NOTES
Mediation
Mediation is a type of alternative dispute resolution (ADR) commonly applied in employment settings to address conflicts. For broader guidance on mediation in employment disputes, see Practice Note: Mediation in employment—introduction. Mediation may occur in numerous situations, both while employment continues and after it has concluded. A useful distinction is between:
workplace mediation, and
employment mediation
Workplace mediation is used where the parties still have an ongoing working relationship when the process begins. The mediator supports the individuals in attempting to resolve issues so they can continue working together. The emphasis is on repairing the relationship rather than determining a legal claim. For more detail, see Practice Note: Workplace mediation.
Employment mediation applies where a tribunal claim is being contemplated or has already been filed. The employment relationship may already be over, although that is not essential. The mediator assists the parties in
Employment