Section 7B — Employment Tribunals Act 1996: Mediation

Mediation 7B A1 A person exercising power to make Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

a mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

b where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

1 Practice directions under section 7A may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

2 The provision that may be made by virtue of subsection (1) includes provision for ... a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

3 Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

4 Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

5 Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult ACAS .

6 In this section— “ member ” means a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges ); “ practice direction ” means a direction under section 7A; “ proceedings ” means proceedings before an employment tribunal.