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It takes two to negotiate and two to argue. If an employer refuses mediation before proceedings then I insist on adding the Tribunal fee to any settlement agreed. If the employer argues about that I tell them I am adding my fees as well, at my indemnity rate, for the time spent arguing about the Tribunal fee, and remind them they could have avoided the fee had they taken up the mediation offer. I also refuse adjournments,.as I find refusing them (with the work the employer or its solicitors have to undertake) concentrates minds wonderfully.