Thomas Mansfield Solicitors

When disputes arise in the workplace, they can easily become unmanageable, leaving the employment relationship potentially in an irreparable state. This leaves the parties in a position of parting company acrimoniously and potentially facing Tribunal proceedings.

In most cases neither party truly wants to go to Tribunal, as this can be an expensive and drawn-out process. Ideally the dispute should be resolved at workplace level before the employment relationship is damaged or destroyed and before a Tribunal claim is contemplated.

The best answer therefore is for the parties to be brought together to reach a resolution or settlement facilitated by a neutral intermediary. This is the process of mediation.

Over 80% of mediations succeed, meaning a binding resolution or settlement is reached between the parties. This means the parties avoid expensive, lengthy and often painful Tribunal claims and in many cases the even better result is that the employment relationship may in fact be preserved in the interests of all parties.

The ACAS Code of Practice recommends mediation as a way of resolving disputes in the workplace. It promotes mediation by an independent third party as an effective means of settling disputes early. In other words, mediation can nip the problem in the bud and resolve a dispute to enable the parties to continue working harmoniously together. Alternatively, mediation can bring about an amicable parting without the stress and cost of litigation.

The intervention of an independent third party as mediator can have a dramatic effect on a dispute because the mediator does not ‘take sides’. Both parties explain their position to the mediator with confidence and put trust in the mediator’s judgement. This process assists the mediator in finding a solution to either enable the parties to continue to work together in harmony or achieve an amicable parting without further dispute. Mediation can provide remedies which cannot be achieved through litigation, for example an apology.

When is mediation suitable?

Mediation is a successful method of settling disputes at all stages:

Early stage

• when there is conflict between employees.
• when a grievance has been raised.
• in a disciplinary situation.
• when a complaint has been made.

Intermediate stage

• when a claim has been submitted to an employment tribunal.

Advanced stage

• during the litigation process, before a hearing has taken place.

What types of dispute are suitable for mediation?

Not every dispute is suitable for mediation. It tends to lend itself more toward conflicts between individuals who find it difficult to work together or if a breakdown of trust has occurred.

How does mediation work in practice? 

• Both parties agree to resolve the dispute through mediation.
• An agreed mediator is selected by the parties.
• A suitable date is selected, normally either a half or full day.
• Each party prepares and sends the mediator a summary of their case.
• A suitable location is selected away from the workplace. This will involve a separate room for each party and sometimes a neutral room where both parties can meet.
• To begin, the parties may choose to meet in the neutral room. Here, the mediator will explain the rules of mediation. The mediator may ask each party to explain their side of events and to explain their desired result. However, this may not be appropriate in all cases.
• The parties then move to separate rooms and the mediator will shuffle between each party until a solution is identified, which is acceptable to both parties.
• Once agreement is reached, it can be incorporated into a document and signed by both parties. In certain circumstances, this may be binding.

How much will it cost?

Mediation is surprisingly cost effective. There is a fixed cost for the mediation, either half or full day. Any pre-reading will be at the mediator’s hourly rate but the mediator will provide a fixed price quotation. If the mediation continues after the agreed time, the mediator’s hourly rate will apply.

Mediation Training

It is also important that your managers have some training in mediation so they have the skills to mediate in the early stages of any dispute to potentially avoid escalation. This is a useful and arguably commercially necessary skill for managers. We can provide one day in-house training courses for your managers to bring them to a level of skill to enable them to mediate at an early stage.

Why use ThomasMansfield mediators?

Our mediators are all experienced employment law solicitors. In addition, they are ADR trained and qualified to mediate any workplace dispute. They can draw upon their substantive experience of disputes and have the technical skill to draft agreements from scratch immediately upon completion of a successful mediation.

To book a mediator or discuss this further call now: 020 8681 8140 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it