Case study

Counting on a solution - dismissal claim settled in one day

Sector
Financial services

Amount in dispute
£1.4m

Mediation time
7 hours

Brief details of the dispute
An employee was dismissed from her position. The employer claimed the dismissal was due to a ‘refocusing’ of the company, while the employee claimed the dismissal was due to disability and sex discrimination. Both parties were represented by experienced employment lawyers, and both had strong views that their respective positions were correct. Nonetheless, each side mutually agreed to give mediation a try.

The mediation
The employee did not want to hold an opening joint session with the employer. Moreover, she felt that the onus was on the employer to make an offer in response to her initial proposal. After some initial private meetings, the mediator was able to convince the parties’ solicitors to take part in a joint meeting. From a starting point where parties were apart by a factor of 9:1, this exchange caused the employer to double its previous settlement offer, and it set a positive mood of dialogue. The negotiation continued with a series of meetings with the above group, which ultimately produced settlement terms at approximately 3.30pm the same day.