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United Kingdom
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Key definition
Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

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Practical guide to private employment mediation in England, Wales and Scotland: advantages, timing, mediator selection, process, tribunal impact and settlement

Practice notes
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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 seeking mutually acceptable settlement terms to conclude their dispute. In a private employment mediation, the mediator is chosen and appointed by the parties, though employment mediation can also proceed within the structure...

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Rob McCreath
Rob McCreath

Rob is a solicitor and meditator (accredited by CEDR and ADR Group) with many years’ experience of: negotiating, resolving and settling employment, partnership and workplace-related disputes; and advising on strategic employment, partnership and governance issues.  Since 2004, Rob has acted successfully as mediator in a wide variety of employment and workplace-related situations, including issues such as line management relationships, performance management, mental health in the workplace, whistleblowing, discrimination, harassment, bullying and victimisation. As a partner in specialist employment law firm Archon Solicitors from 2005 to 2018 (and previously as a partner in Eversheds), Rob acted for both employers and employees in a huge variety of sectors and situations. He has often been appointed as an independent person to hear appeals against dismissal or against grievance decisions. He has conducted many independent investigations into employment-related allegations, including of discrimination and...

Web page updated on 21/05/2026

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