Mediation In Workplace

Mediation in the Workplace is a structured, voluntary, and confidential process used to resolve conflicts between employees, teams, or between an employee and management. It is typically facilitated by a neutral third party—either an internal mediator (e.g., from HR) or an external professional.

More and more organisations are sourcing external mediators, as an internal mediator is perceived to be bias. Even if they are not.

Although mediation is voluntary, and no employer can compel their employees to attend a work mediation, they ultimately should attend. As it will give them the best chance of resolving their issues.

Why Mediation Is Used

Mediation in workplace is often used to resolve interpersonal conflicts or misunderstandings. Address behavioural or communication issues. Prevent escalation into formal grievances or legal disputes. Improve working relationships and team dynamics. Avoid an employment tribunal claim, which can cost the company thousands, not to mention bad publicity.

Key Principles

  • Voluntary Participation – All parties must agree to take part.
  • Confidentiality – What is said during mediation stays private (with some exceptions like legal violations).
  • Neutrality – The mediator remains impartial and does not take sides.
  • Self-determination – The parties involved control the outcome, not the mediator.
  • Informality – Work mediation is less formal than grievance procedures or litigation.

    • The Mediation Process

  • Referral or Request – A conflict is identified and mediation is proposed.
  • Initial Contact – The mediator meets with each party individually to understand perspectives.
  • Joint Session – A structured conversation guided by the mediator where parties express their views.
  • Discussion & Negotiation – The mediator helps parties identify issues, explore solutions, and find common ground.
  • Agreement – If successful, the parties may draft a written agreement on how they will work together going forward.

    • Benefits

    • Cost-effective compared to litigation.
    • Preserves relationships and boosts morale.
    • Encourages open communication.
    • Often quicker than formal dispute processes.
    • Empowers individuals to resolve their own issues.

    When Mediation May Not Be Appropriate

    Work mediation is a valuable tool for resolving conflicts, but there are certain situations where it is not appropriate or effective. Here are key scenarios when not to use workplace mediation:

    1. Serious Misconduct or Legal Violations

    • Examples: Harassment, discrimination, violence, theft, or other criminal behavior.
    • Why not: These issues require formal investigation and potential disciplinary or legal action, not informal resolution.

    2. Power Imbalance That Cannot Be Managed

    • Examples: A junior employee feeling coerced into mediation with a senior manager.
    • Why not: Mediation requires a safe, equal space. If power dynamics make one party feel unsafe or unable to speak freely, mediation may cause further harm.

    3. One or Both Parties Are Unwilling to Participate

    • Why not: Mediation is voluntary. If someone is being forced into it, the process won't be genuine or productive.

    4. One Party Seeks Punishment Rather Than Resolution

    • Why not: Mediation is about mutual understanding and forward-looking solutions. If someone wants retribution, a grievance or disciplinary process is more appropriate.

    5. Mental Health or Capacity Issues Prevent Effective Participation

    • Why not: If someone is unable to engage meaningfully due to mental health or cognitive issues, mediation may not be fair or effective.

    6. The Issue Has Already Been Through Formal Investigation or Legal Action

    • Why not: Once a formal decision has been made, mediation can undermine the authority of that outcome or confuse the resolution process.

    7. Conflicts Involving Policy or Systemic Issues

    • Examples: Broad organizational policies causing dissatisfaction.
    • Why not: Mediation focuses on individual relationships and won't address systemic or structural problems.

    If you're unsure whether mediation is the right approach in a specific case, consider consulting with HR or a professional mediator to evaluate the situation. Or speak to a workplace mediator at Effective Dispute Solutions.