So according to press reports today, we read that Baroness Greenfield is going to sue the Royal Institution for sexual discrimination.
Do not necessarily believe what you are reading as it appears both the employer and the employee are in a briefing war.
In addition, it appears that Baroness Greenfield was only served with redundancy papers(initial consultation?) the day before, the Friday, and has only just instructed lawyers then and has made an immediate decision to sue for sexual discriminination on the Saturday.
This case strikes me as having more to do with the respective parties PR strategies than their legal ones.
If I was instructed on Friday(and bear in mind Baroness Greenfield may have instructed lawyers beforehand so we do not know the facts, nor should we), I would certainly not say I will be suing for sexual discrimination the day after unless it was really cast iron.
The legal strategy is inferior to the PR strategy at this point, but maybe both parties are playing a dangerous game. We will see.
In any event, the question is this case suitable for mediation or should the parties just get on with it and fight to the death?
At this point I would say that mediation may be too premature unless there is some kind of prospect of Baroness Greenfield being re-employed in a consultancy/advisory role which will satisfy loss of face. Sexual discrimination cases are suitable for Judicial Mediation, but normally on the basis that the person is still employed. I am curious as to whether she is still employed or not because some kind of consultation seems to be needed.
If it is a clean break and the dogs of war are to be unleashed, I think the parties should wait to mediate. Both employer and employee should be quiet and let process go through.
Both parties need to establish all the facts, identify the strengths and weaknesses of their positions and ask themselves is a long drawn out, expensive legal case what they really want?
The lawyers and the parties need to wait and just see where the land lies.
In a month's time, maybe one of the lawyers can propose mediation.
Mediation works in at least 80% of cases and will enable the parties to put a positive spin at the end of it with an agreeed statement if agreement can be reached.
But if the parties keep briefing the press, it makes the job of the mediator and the enlightened lawyers more difficult.
Justin Patten, Employment Mediator