To return to the News Listing use your back button or click here.
Equalities Mediation Service – Becoming a Third Party Referrer
Posted on Monday, July 5, 2010
Equalities Mediation Service
What do we do…?
Provide an independent, free and impartial service to:
- Anyone who feels they have been treated unfairly in one of the six equality strands. For young people under 18, their parents may act on their behalf.
- Employment, facilities, services or education providers that have received a complaint about alleged discrimination and have been referred to us.
If there has been an alleged case of discrimination a case may be referred to our service by the EHRC directly or through a third party referrer such as a Citizens Advice Bureau or Law Centre.
Different people want different outcomes from Equalities Mediation. The person making a complaint usually wants their future experience to be different and for the other party to understand their point of view. Service providers often want a greater understanding of the issues arising from the complaint and to resolve matters without the need for legal involvement.
Many people are looking for a better awareness of equality issues or to improve workplace relations, while others are looking for an apology or a refund. Not all complainants seek financial compensation, and many express hopes that this process will result in changes for people at large.
We do not give advice ourselves, and we don’t judge or arbitrate in cases. Our role is to prepare parties for mediation and facilitate the process in the light of the law. We focus on the rights of the individual making a complaint, and take into account what is reasonable and practical for both parties.
Remember… Resolution does not have to be costly, and a quick, amicable solution is beneficial to everyone involved.
Third party referrals
The Equality and Human Rights Commission (EHRC) provides a specialised advisory service on discrimination and can advise on whether your complaint may be suitable for referral to our Equalities Mediation Service. This is because the EHRC must first make sure that there is a legal basis for the complaint and that mediation is the best way forward. Our Equalities Mediation Service covers England, Wales and Scotland.
When a case is referred to us we are empowered, under the Equality Act 2006, to mediate in discrimination complaints under all of the equality strands. The service is available in complaints falling under the Employment; Goods, Facilities and Services, and Pre and Post-16 education provisions.
The EHRC Casework and Litigation team processes all potential referrals to our mediation service, and with their agreement, complaints can be referred to us after they have been contacted by certain third parties. All the requested information must be provided to the Casework and Litigation Team before a referral to our Mediation Service will be considered.
The Casework and Litigation team will consider:
- whether the complaint falls within the scope of the relevant act
- whether the client’s preferred resolution is likely to be achievable through mediation
- whether any reasonable potential resolutions have already been suggested by the other party
- whether the complaint has been provided within a reasonable time frame
- and in employment cases, that the complainant is still in employment with the other party in the complaint.
Out of time referrals
Some complaints which are out of time for the purposes of bringing a legal claim can still be considered for referral to our mediation service, and the EHRC will advise you about this possibility.
Who can act as a third party referrer?
The organisations who may act as third party referrers to the EHRC include advice agencies, CAB’s and Law Centres.
We are contacting you to ask whether you have heard of our service, and whether you are interested in receiving a TPR application pack to enable your service to refer cases of discrimination to the Equalities Mediation Service.
EMS staff would be happy to come and visit any organisations that would be interested in learning more about the mediation process and the service that we offer.
To download the third party referral policy click here.
To download law centre case examples click here.
Please contact us if you would like to know more or have any questions.
Mediation Works, 16 Queen Street, Wellington, Shropshire, TF1 1EH
Tel: 01952 520091
Fax: 01952 520092
Email: info@mediation-works.co.uk
Please take a look at our Website: www.mediation-works.co.uk
Discussion Area - Submit a comment
Your reply will be moderated and not appear immediately. You can prepare your text in a word processor before pasting it into the box, but formatting such as bold and colour will not appear.