The President of the Office of the Industrial Tribunals and Fair Employment Tribunal has now published her Annual Report reviewing and reflecting on the success of the scheme. A summary of that report is below and the full report can be viewed here

Overview of the Scheme

The Judicial Mediation Scheme was introduced in March 2023 as a voluntary and confidential process designed to resolve employment disputes without the need for formal hearings. It involves trained Employment Judges acting as neutral mediators to help parties reach mutually acceptable settlements. The scheme aligns with broader efforts to promote alternative dispute resolution (ADR) within Northern Ireland’s employment law framework.

Performance and Impact (April 2024–March 2025)

In its second year, the scheme saw growth:

• 76 mediations were listed, up 22.6% from the previous year.
• 56 mediations proceeded, a 43.6% increase.
• 73.2% of these mediations were successful, either on the day or shortly after.
• This resulted in a net saving of 298 judicial hearing days, a 32.4% improvement.

These figures suggest the scheme is gaining traction and delivering tangible benefits in terms of efficiency and cost reduction.

Participation and Representation

The scheme involved:

• 4,128 claimants and 104 respondents, covering 29,591 claims.
• 99% of claimants and 98.75% of respondents were legally represented.

The high level of legal representation may contribute to the scheme’s effectiveness, though the report notes it raises questions about accessibility for unrepresented parties.

Judicial Assessment (JA)

Alongside mediation, Judicial Assessment was introduced as a formalised early case management tool. JA allows an Employment Judge to assess the strengths and weaknesses of each party’s case, potentially narrowing issues and encouraging early settlement. While suitable for most complex cases, JA may be excluded in scenarios involving multiple claimants, insolvency, or overlapping legal proceedings.

Jurisdictional Scope

The most common types of claims mediated included:

• Disability Discrimination
• Sex Discrimination
• Unfair Dismissal

This diversity indicates the scheme’s applicability across a broad range of employment disputes.

Stakeholder Engagement and Support

The report states the scheme has received strong support from the judiciary, legal practitioners, and the Labour Relations Agency. The latter plays a key role in formalising settlement agreements.

Critical Observations

From an impartial standpoint, the scheme demonstrates promising results in reducing litigation burden and promoting amicable resolutions. However, several considerations remain:

• Voluntary nature: Success depends on parties’ willingness to compromise.
• Representation gap: Unrepresented parties may face challenges navigating the process.
• Withdrawal rate: 20 mediations were withdrawn, suggesting room for better pre-screening or support.

Conclusion

The report concludes Judicial Mediation Scheme is emerging as a valuable ADR mechanism within Northern Ireland’s employment tribunals.