Judicial Mediation (JM) is a formal dispute resolution process offered by the Employment Tribunal, typically in more complex claims such as those involving discrimination, whistleblowing, or multi-day hearings. It is facilitated by an Employment Judge and conducted entirely off the record.

Unlike a preliminary hearing or case management discussion, JM is not about legal arguments or presenting evidence. It’s about resolution, allowing both parties to explore practical, confidential outcomes without the risk or cost of a full hearing.

How Judicial Mediation Differs from ACAS Conciliation or Private Mediation

While all mediation processes aim to resolve workplace disputes, Judicial Mediation carries the authority and structure of the Tribunal system. The mediator is a sitting Employment Judge, often one who may later preside over the case if it proceeds.

This lends weight to the discussions, helping both parties assess the strengths and risks of their case. Importantly, the process is confidential and without prejudice; anything discussed cannot be used later in proceedings.

Why Judicial Mediation Matters for Employers

1. Reduces Legal Costs
   Litigating a three-day Employment Tribunal hearing with multiple witnesses, legal representation, and document bundles can be costly. JM offers an early opportunity to settle, saving time and money.
2. Confidentiality and Reputational Protection
   Sensitive issues such as internal grievances, ongoing employment relationships, or allegations of unfair dismissal can be discussed without fear of them becoming public. This is particularly important where reputational risk is high.
3. A Judicial Reality Check
   The judge’s neutral input can prompt both parties to re-evaluate their position, helping to manage expectations and focus on practical outcomes.
4. Achieving Practical Solutions
   Beyond legal remedies, settlements can include non-financial terms such as confidentiality clauses, apologies, or future employment references, which often provide more meaningful closure.

Common Myths About Judicial Mediation

• “It means we’ve admitted fault.”
  Entering into JM is a commercial decision, not an admission of liability. You retain full control over any decision to settle.
• “It’s only used for high-value claims.”
  Judicial Mediation is particularly useful where legal risk is hard to quantify, such as in discrimination, whistleblowing, or constructive dismissal cases.
• “We’ll be pressured to settle.”
  The process is voluntary. The judge cannot impose a decision or force parties to agree on terms.

How Employers Should Prepare for Judicial Mediation

• Understand the Claimant’s Case Thoroughly
  Be familiar with the schedule of loss, key allegations, and any potential breaches of employment rights.
• Bring Decision-Makers to the Table
  Flexibility is key. Ensure someone with the authority to agree to settlement terms, such as a settlement agreement, is available on the day.
• Set Clear Boundaries
  Have a defined strategy and a realistic understanding of your bottom line. Be open-minded but commercially grounded.
• Think Creatively
  Consider non-monetary terms that may help resolve the dispute, such as changes to internal processes or mediated apologies, especially in ongoing employment relationships.

When to Consider Judicial Mediation

Judicial Mediation is most commonly offered in:

• Discrimination claims
• Whistleblowing complaints
• Long, complex hearings, generally listed for three days or more.
• Claims involving multiple parties or ongoing employment

Tribunals may suggest it where it is in the interest of both parties to avoid a protracted dispute. Employers may also request it where appropriate.

Judicial Mediation: Not a Shortcut, but a Smarter Strategy

Judicial Mediation isn’t about giving in it’s about looking ahead. For employers facing employment law disputes, it provides a rare opportunity to resolve issues with insight, privacy, and flexibility. When used strategically, it can lead to outcomes that are faster, fairer, and far more cost-effective than litigation.

Upcoming Webinar: Mediation in the Workplace

Want to explore how mediation can support better outcomes in and out of the Tribunal? Join us for our next HR Exchange webinar on Mediation in the Workplace on Wednesday, 9th July, 2025. We’ll cover when to use mediation, how to structure it effectively, and what legal considerations to keep in mind.

Register here.

If you’re facing a Tribunal claim or want to discuss how mediation can work in your business, contact our Employment Law team today on 0333 888 1360 or email [email protected]