Mediation is a confidential and flexible process whereby an independent and neutral third party (a mediator) is
appointed to help the parties reach a negotiated settlement. It is voluntary and non-binding unless and until an
agreement is reached. The mediator will adopt various techniques to facilitate a productive discussion on how the
parties can resolve the matter without recourse to the court or Employment Tribunal. For more detail on the
mediation process generally, see our ADR Practical Guide No. 2: An introduction to mediation – what it is and how it
An independent mediator may be appointed to resolve an employment dispute in exactly the same way as for a
commercial dispute, but there are additional matters to consider and specific statutory requirements in relation to
the settlement documentation.
In addition, parties to employment and workplace disputes may also take advantage of:
judicial mediation provided by the Employment Tribunal; and
conciliation or mediation provided by the Advisory, Conciliation and Arbitration Service (Acas) (the UK body
that supports employers and employees on workplace relations).