Employment Claims Act 2016 · 2020 Revised Edition · Part 2 · Mediation of Employment Disputes
5. Representation at mediation under this Part
Feedback & supportExcept as provided in subsections (2) and (3), a party to a mediation under this Part —
mediation
“mediation” includes —(a)the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes;(b)the bringing together of the parties to any dispute for that purpose, either at the request of one of the parties to the dispute or on an order of a tribunal under this Act; and(c)the follow‑up of any matter which is the subject of any such discussion or settlement;
must act in person;
cannot be represented by an advocate and solicitor; and
cannot be represented by an agent, whether paid or otherwise.
A party other than an individual may be represented —
if the party is the Government, by a public officer;
if the party is a body corporate, by an officer, or a full‑time employee, of the body corporate;
if the party is a partnership, by a partner, or a full‑time employee, of the partnership;
if the party is an unincorporated association, by a member of the governing body, or a full‑time employee, of the unincorporated association; or
by any other individual prescribed by regulations made under section 34.
A party who is an individual may be represented by any other individual prescribed by regulations made under section 34.
For the purposes of subsections (2)(e) and (3), the regulations made under section 34 may prescribe different individuals for different parties and different circumstances.
In this section —
“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate.