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Employment Mediations – an Insider’s Guide, Part 10

This is the concluding piece in our series by Caroline-Sheridan. Not all mediations settle.  The Employment Tribunal mediation system boasts a success rate of 70%, while CEDR’s experience is that of about 85% of its employment mediations result in an agreement.   Those who do not settle can go off to fight another day, and best … Continue Reading

Employment Mediations – an Insider’s Guide, Part 9

This is the penultimate instalment in our look into employment mediations by Caroline-Sheridan. As a mediator I am often asked, sometimes in the mediation itself, what negotiating stance a party should adopt in order to get the best deal out of the process. This is dangerous territory for a mediator.  It goes without saying that … Continue Reading

Employment Mediations – an Insider’s Guide, Part 8

In this post Caroline-Sheridan looks at some of the techniques mediators use to close the gap between the parties. In the previous piece in this series I discussed the transition from exploration to bargaining in an employment mediation, the move from the preliminary skirmishing to the full-blown negotiation process.  But surely the parties could do … Continue Reading

Employment Mediations – an Insider’s Guide Part 2

Time in any mediation is often both limited and precious.  Once it is underway there is little time for sorting out the preliminaries.   As a result, it is customary for there to be contact between each of the parties (and/or their representatives) and the mediator(‘s staff) prior to kick-off.  For a judicial mediation arranged through … Continue Reading

UK early conciliation scheme – taking on water already?

Part of the Government’s proposals “to reduce the burdens on business” (i.e. the cost to the Government of running the Employment Tribunal system) is Early Conciliation (EC).  This requires prospective claimants to contact Acas and be talked through the conciliation process before they can bring a Tribunal claim.  When it is launched next year, there … Continue Reading

Mediation draws stumps on cricket dispute

The recent impasse between Kevin Pietersen and the English Cricket Board has led to much wailing and gnashing of teeth in those sectors of society who care about these things. In particular, a significant proportion of the sporting press seems convinced that England’s attempts to regain its status as the number one cricket team in … Continue Reading