Settle employment claims without waiting 18 months for a tribunal.
Barrister mediators for pre-tribunal, live tribunal and Settlement Agreement disputes. Alongside ACAS early conciliation, or in the run-up to a Preliminary or Final Hearing.
Employment tribunal listings for discrimination and whistleblowing claims are now regularly 18–24 months out. Employment mediation gets both sides in the same (virtual or real) room within weeks, with a barrister mediator who can pressure-test liability, remedy and costs risk in confidence.
Clerk&Counsel arranges accredited employment mediators for employers, HR teams, in-house counsel, individual claimants and firms of employment solicitors across the UK. Every mediator on our panel is a practising employment barrister with tribunal experience of the same claim types.
Employment mediation sits alongside — not instead of — ACAS early conciliation. Time limits under sections 111 and 123 of the Employment Rights Act 1996 and section 123 of the Equality Act 2010 continue to run during mediation. Where the mediation settles statutory claims, the outcome is recorded in a valid Settlement Agreement or an ACAS COT3 to give it binding effect.
Where employment mediation adds most value.
- High-value discrimination or whistleblowing claims where trial risk is asymmetric.
- Senior exit negotiations combining Settlement Agreement, restrictive covenants and reputation.
- Constructive dismissal disputes where the individual would otherwise still be at work.
- Grievance appeals that have exhausted the internal process but not yet reached tribunal.
- Multi-claimant equal pay and holiday pay disputes.
- Post-employment covenant and confidential information disputes.
The employment mediation process.
The mediator holds a short pre-mediation call with each side to understand the claim, the commercial drivers, and any deal-breakers. Position statements and a short core bundle are exchanged around a week before. On the day the mediator opens jointly, then moves between private rooms — testing the strength of the pleaded case, the realistic remedy, and the costs exposure of losing.
Most employment mediations conclude with signed heads of terms by early evening, converted into a Settlement Agreement or COT3 within a few working days.
Making the settlement stick.
Statutory employment claims can only be validly compromised by (a) an ACAS COT3, or (b) a Settlement Agreement complying with section 203 of the Employment Rights Act 1996 — which requires the employee to have received independent legal advice from a named adviser with insurance in place. The mediator will not draft the agreement, but our clerks can arrange either the COT3 route with ACAS or a Settlement Agreement drafted by counsel to be signed alongside the heads of terms.
Beat the tribunal backlog.
Send us a short summary of the claim, the stage it has reached and your preferred window. Two or three suitable mediators, dates and a fixed fee — within one working day.
Common questions.
How is employment mediation different from ACAS early conciliation?
ACAS early conciliation is a statutory step in which an ACAS conciliator, mostly by telephone, tries to broker a settlement over a short window. Employment mediation is a fuller, in-depth mediation — typically a full day, in person or by video, with an independent barrister mediator, exchanged papers and structured caucus. The two are complementary, not alternatives; many disputes settle in mediation after ACAS conciliation has stalled.
Can we mediate after a tribunal claim has been issued?
Yes. Employment tribunals actively encourage judicial mediation and private mediation at every stage — commonly after pleadings and disclosure, and often just before the Preliminary Hearing or the final hearing. Judicial mediation is free but limited in availability; private mediation via Clerk&Counsel can be booked in weeks.
What claims are suitable for employment mediation?
Discrimination and harassment claims, unfair and constructive dismissal, whistleblowing detriment, equal pay, TUPE-related disputes, disputes over Settlement Agreement terms, senior exit negotiations, and post-employment restrictive covenant disputes.
Is the settlement binding — do we still need a Settlement Agreement?
Where the mediation settles claims that can only be validly compromised under section 203 Employment Rights Act 1996 (unfair dismissal, discrimination and most statutory claims), the settlement must be recorded in a valid Settlement Agreement with independent legal advice for the employee. We can arrange the drafting alongside the mediation.
Who pays for employment mediation?
In most cases the employer pays the mediator's fee. Where the individual is separately represented, fees may be shared. We confirm the fee arrangement in writing before the mediation is booked.
How quickly can we get a mediator?
Two to four weeks from instruction is typical, subject to the parties' availability. Where a tribunal deadline is pressing, we can often move faster.