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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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In the midst of employment tribunal proceedings, how would

Customer Question

In the midst of employment tribunal proceedings, how would best a litigant in person go about making an offer to settle to the respondent? The case has gone past the preliminary hearing stage and allocated a full merits hearing with more than reasonable prospect of success. I have submitted schedule of loss which the respondent deems unrealistic and they have declined offer of judicial mediation from the judge. They are due to sbmit counter schedule of loss next week so would it be feesinle at that stage to make an offer to.settle between our two figures and what sort of format should that offer take?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Are you genuinely interested in settling?

Customer: replied 10 months ago.
Hi ben
Yes that is my ideal solution
Expert:  Ben Jones replied 10 months ago.

Either party can try and settle at any time, as late as in the middle of the final hearing – I have had parties settling in the break of the final hearing. As you do not meet face to face at this stage any negotiation over a settlement would usually have to be done in writing. To approach the other party with the intention of settling you would have to initiate ‘without prejudice’ discussions, which basically means off the record. There is no specific format to do this as long as you mark any correspondence in relation to settlement negotiations as being ‘Without Prejudice’ – this is usually put in bold like a subject of the letter/email, so for example:

“Dear Sir/Madam

Smith v Jones

ET12345

WITHOUT PREJUDICE

I am writing to raise the possibility of negotiating a settlement in relation to the above claim….”

So this is it basically, then in the correspondence you outline what you are willing to settle for and then you just wait for their reply.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
thanks benwould it likely go against them in a tribunal full hearing if no attempt at alternative dispute resolution is made including their declination of judicial mediation and would that make me able to pursue a full costs order for costs incurred going to a full hearing with no reasonable attempts to settle prior?
Expert:  Ben Jones replied 10 months ago.

Costs are not easily awarded in the tribunal and you would really have to show that the other side had acted vexatiously or highly unreasonably or that they were pursuing something with very little prospects of success. Mediation and ADR are both voluntary so unless it was clear there was a very weak case which they had tried to continue defending anyway and incur further costs, their failure to agree to mediation is unlikely to allow you to oursue them for costs.

Customer: replied 10 months ago.
thanks again very much ben
Expert:  Ben Jones replied 10 months ago.

You are most welcome

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