Littleton Chambers

This Practice Note explores the role of judicial mediation as a form of alternative dispute resolution (ADR) for employment tribunal claims and incorporates the relevant aspects of the Presidential Guidance on ADR dealing with judicial mediation. It looks the mechanics of the process of judicial mediation as well as offering practical guidance on issues of strategy and on how best to maximise chances of reaching a settlement. It covers the stage at which judicial mediation is considered, the impact of judicial mediation on the employment tribunal proceedings, logistical preparation for a judicial mediation (eg documents and agreeing levels of authority), what happens on the day of the judicial mediation, the role of the Employment Judge as mediator, special considerations for judicial mediations conducted remotely, how to record the outcome of a successful mediation, next steps following an unsuccessful mediation, the types of claims most suitable for judicial mediation, the advantages and disadvantages of judicial mediation, tips on strategic preparation for a successful judicial mediation, how to build an attractive settlement package and the role of lawyers in judicial mediations.

This Practice Note considers the legal issues that may arise in a team move, where two or more partners of the same partnership or members of the same limited liability partnership (LLP) leave that entity and either set up in business on their own account, or join one of the partnership or LLP’s competitors. The Practice Note examines the unlawful conduct that may arise and the nature of the legal duties owed by partners and members, which may arise under the Partnership Act 1890 (PA 1890), the Limited Liability Partnerships Act 2000 (LLPA 2000) and the default provisions of the Limited Liability Partnerships Regulations 2001, SI 2001/1090 (LLPR 2001). The importance of express terms in partnership deeds and LLP agreement is explained. Practical issues are outlined and issues relating to garden leave and post-termination restrictions, which may apply in relation to competition, solicitation or poaching of clients and/or other employees, are explained. Finally, remedies are examined, including springboard relief.