Judicial mediation

A free, confidential settlement meeting run by an employment judge — often available months before a final hearing would otherwise take place.

Is judicial mediation the same as ACAS conciliation?

No. ACAS Early Conciliation happens before a tribunal claim is issued and is run by an ACAS conciliator. Judicial mediation happens after a claim is already underway and is run by an employment judge acting solely as a mediator.

Do I have to agree to judicial mediation if it is offered?

No. Both parties need to agree to take part — either side can decline, and the case will simply continue towards a final hearing in the usual way.

Is judicial mediation free?

The mediation itself is free of charge, though you remain responsible for your own legal costs if you are represented.

What happens if we don't reach a settlement?

The case continues exactly as before, proceeding towards a final hearing. Nothing said or offered during the mediation can be used against either side at that hearing.

Can the mediating judge later hear my case?

No. A judge who has conducted judicial mediation in a case is barred from any later involvement in deciding that same case, which helps preserve the confidentiality of the process.

Employment Tribunal · Glossary

A free, confidential settlement meeting run by an employment judge — often available months before a final hearing would otherwise take place.

Last reviewed: August 2026

Employment Tribunal track

is a confidential settlement process offered in some employment tribunal cases, in which an employment judge — acting purely as a mediator, not as a decision-maker — helps both sides explore whether the case can be resolved without a final hearing.

Where this comes from

Presidential Guidance on Alternative Dispute Resolution

— guidance from the President of the Employment Tribunals on how judicial mediation and other ADR options operate.

— gov.uk overview of the ways an employment tribunal claim can be settled before a hearing.

When judicial mediation is offered

Judicial mediation is not available in every case. Tribunals tend to offer it in claims expected to be more complex or lengthy — commonly where the final hearing is estimated to take three days or more, though practice can vary between tribunal regions. Either party, or the tribunal itself, can raise the possibility, and both sides need to agree to take part.

Because the process is run by a judge, it can often be listed relatively quickly — sometimes within a month of being requested — well before a case would otherwise reach a final hearing, which can take many months or longer to be listed.

How a judicial mediation day works

• The mediating judge usually starts by speaking to both parties and their representatives together, explaining how the day will run.
• Separate private sessions.
• Each side then moves to a separate room, and the judge moves between them, relaying positions, testing arguments, and exploring what a workable settlement might look like.
• Negotiation over the day.
• The process can take a full day, and occasionally longer, as offers and counter-offers move between the parties through the judge.
• A settlement, or the case continues.
• If terms are agreed, they are recorded in writing, and are typically formalised through ACAS in a COT3 agreement. If no settlement is reached, the case simply continues towards a final hearing as before.

How it works in practice

A claimant brings an unfair dismissal and discrimination claim, with the final hearing estimated to run for five days. Given the length and complexity, the tribunal offers judicial mediation, and both sides agree to attend.

Over the course of a day, the mediating judge shuttles between the claimant and the employer's representative, and by the afternoon the parties agree a financial settlement and an agreed reference. The terms are recorded and formalised through ACAS as a COT3 agreement, and the tribunal claim is withdrawn.

• Confusing it with ACAS Early Conciliation.
• Judicial mediation happens after a claim has already been issued and is being actively case managed, and is run by a judge — it is a different stage and process from ACAS Early Conciliation, which happens before a claim is issued.
• Assuming the mediating judge decides the outcome.
• The judge does not decide who is right or impose a result — their role is purely to facilitate discussion between the parties, who remain in control of whether and on what terms to settle.
• Referring to mediation discussions later.
• What is said during judicial mediation is confidential, and the mediating judge cannot take part in any later hearing of the same case — nothing said during the process can be referred to if the case does proceed to a hearing.
• Turning up without a clear settlement position.
• Judicial mediation works best when both sides have thought in advance about what outcome would actually resolve the dispute for them, not just their opening position.

Frequently asked questions

Sources & further reading

• Presidential Guidance on Alternative Dispute Resolution

Considering settlement before your tribunal hearing?

Start My Claim helps you work out a realistic settlement position and prepare for what mediation or a hearing will involve.

Last reviewed: August 2026.

References checked against the sources above as in force on 10 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.