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Judicial mediation is a form of alternative dispute resolution. It is offered by the employment tribunal in cases which are likely to last 3 days or more. Judicial mediation takes place in designated rooms at an employment tribunal. The parties are each given a room for the day and are not forced to confront the other side. A judge will work between the rooms passing on offers of settlement and arguments in the hope that an agreement can be reached. If a settlement is agreement then it will avoid a final hearing. 

The judge will be entirely independent. Anything said by the parties during judicial mediation is without prejudice and cannot be referred to in any subsequent proceedings. 

It is usually preferable to be represented during a judicial mediation to assist in the resolution of proceedings and also to assist in drafting the terms of settlement. 

For help and advice please contact Phil Alden on 03333 231 586 or email us.

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