This is a form of alternative dispute resolution (ADR) which is increasingly being encouraged within the civil system as a less expensive means of resolving disputes than ETs or courts. In mediation the parties focus on what they want rather than the merits of the claim. The mediator is someone who impartially moves between the parties in an attempt to reach agreement. Mediators are not usually legally trained, unlike judges, and the process can lead to employees being disadvantaged. The advantage of mediation is more obvious where the employee is still employed by the employer and it is important that the parties can continue working together. Judicial mediation is available if both parties consent to it at a preliminary hearing. Judicial mediation is conducted by an employment judge.
