Accepting an offer after mediation?

[Frustrated_Bloke]

Hi,

Way back in February this year I engaged in the judicial mediation process during which my former employer made an offer of 12,000 GBP for me to settle. I now realise I should have probably accepted this offer, and would like to do so now, although I believe their position may have changed on the matter somewhat, in that they will probably want to settle for less now. I've been reading about Part 36 settlement offers, and I understand that these have to be withdrawn in writing. As the offer I received during mediation was only given verbally, is there any requirement for them to have withdrawn the offer? Is there any way I could get them on a technicality now and accept the offer, well after it having been offered? I rejected it at the time, again, only verbally. There was an employment judge present at the time, who actually delivered the offer to me, so he will have a note of the offer made, and will no doubt remember having made it.

This might seem like a sneaky tactic, but it is nothing on the underhandedness that they have shown throughout this whole affair.

Thanks in advance for any help that is offered.

[Frustrated_Bloke]

Re: Accepting an offer after mediation?

Apologies, I meant to post this in the employment law section, if someone could move it, or tell me if I should repost it there, that would be great.

[Kati]

Re: Accepting an offer after mediation?

Apologies, I meant to post this in the employment law section, if someone could move it, or tell me if I should repost it there, that would be great.

moved it for you xx

I'll also tag [MENTION=26290]mariefab[/MENTION] for advice

[mariefab]

Re: Accepting an offer after mediation?

If it was an open offer (i.e. without a time limit) it's worth a try.
You should send your acceptance to both the Tribunal judge and the Respondent.
You might cite personal reasons, stress, a wish to move on etc. as reasons for accepting the offer.
Even if the Respondents don't wish to settle now, and the Judge permits them to withdraw it at this stage, the fact that you tried to settle won't be held against you.

[charitynjw]

Re: Accepting an offer after mediation?

Form and content of a Part 36 offer

36.5
(1) A Part 36 offer must—
(a) be in writing;

https://www.justice.gov.uk/courts/pr...l/rules/part36

[Frustrated_Bloke]

Re: Accepting an offer after mediation?

Thanks Marie, I don't think they will go for it though, I was more looking to see if there was some sort of vehicle for me to accept an offer after the fact, as it were. If they had to withdraw the offer officially, as they do with a Part 36 offer, but I don't think that's the case.

- - - Updated - - -

Charity, I was aware that it was't a Part 36 offer, that's why I highlighted the fact that the offer was given verbally. Apologies if that didn't come across very clearly though. I just wondered if there were any similarities between a Part 36 offer and the more informal, verbal offer I was given at the mediation session.

[mariefab]

Re: Accepting an offer after mediation?

Some questions for you...
Did the Tribunal judge deliver their offer at the start or end of the mediation? Were there any conditions suggested/implied at the time? e.g. to save time and costs.

What stage are you currently at?
Have documents been disclosed and/or witness statements exchanged?
How far away is the hearing date?

P.S. I noticed your other post about a petition. Please don't do that, it's likely to be seen as vexatious and could get your claim struck out.

[Frustrated_Bloke]

Re: Accepting an offer after mediation?

It was at the end of the mediation he delivered the offer. They had offered me a lower offer, which I refused, then came back with that one. He said I could go away for lunch to think about it, and come back and give them an answer, and I refused this, as I didn't want them to think they were even close, as they weren't at that time. It was implied that they were only making the offer to save themselves money in legal fees, which they will have incurred by now anyway.

I have had a preliminary hearing, during which a large part of my claim was struck out. We disclosed documents for the preliminary hearing, I don't believe witness statements have been exchanged though. It is to be listed for sometime before the end of this year.

Thanks for your help, and the advice about the petition. I thought as much.

[charitynjw]

Re: Accepting an offer after mediation?

[MENTION=26290]mariefab[/MENTION]

[mariefab]

Re: Accepting an offer after mediation?

If this goes to a hearing you can be sure that they will accrue several £000's more in legal fees.
If the remainder of your claim is worth around £12,000 accepting their offer, at this point, is certainly worth a try.
Just in case they come back with a lower offer you might want to think about how much you would be prepared to accept to settle.

[CLL1]

Re: Accepting an offer after mediation?

You said you rejected the offer....which means it isn't open for acceptance.