What Workplace Mediation Is Designed to Do

Workplace mediation is a structured, voluntary and confidential process in which an independent mediator helps individuals who are in conflict within an ongoing employment relationship to communicate more effectively, understand each other’s perspectives and reach a practical agreement on how they will work together going forward. It is future-focused. Its purpose is not to determine who was right or wrong, not to investigate what happened and not to impose an outcome. Its purpose is to repair or improve a working relationship so that both parties can continue in their roles productively and with dignity.

Workplace mediation is distinct from employment mediation, which is used where the focus has shifted from repairing the relationship to resolving a dispute that is likely to end it. If you are not sure which type applies to your situation, Chapter 3 provides a detailed framework for making that assessment.

When Workplace Mediation Is Used

Workplace mediation is appropriate across a wide range of situations, including the following.

• A breakdown in the working relationship between a manager and a team member.
• Ongoing tension or conflict between two colleagues that is affecting their work and the team around them.
• Communication difficulties that have been allowed to escalate into a formal or semi-formal complaint.
• Allegations of behaviour that may amount to bullying or harassment, where both parties are willing to engage in a constructive process and there is no requirement for formal investigation.
• A return-to-work situation where an employee has been on sick leave related to workplace conflict and needs a structured process to facilitate their return.
• A team mediation where conflict has spread beyond two individuals and is affecting a group or a whole department.
• A boardroom or senior leadership dispute where the relationship between directors, partners or senior managers has deteriorated to the point of dysfunction.

The Structure of a Workplace Mediation

The general structure of a workplace mediation is described in Chapter 8. This section focuses on the specific dynamics of workplace mediation and how they differ from employment mediation.

Workplace mediation typically takes place over a single day, though more complex team mediations may take longer. The process usually begins with individual pre-mediation meetings or calls between the mediator and each party, during which the mediator explains the process, hears each party’s perspective in confidence and begins to develop a sense of the key issues and dynamics.

On the day itself, the mediator will typically alternate between private sessions with each party and, where appropriate, joint sessions with both parties together. In workplace mediation, the joint session is often a more significant feature than in employment mediation, because the goal is not primarily to exchange offers but to enable the parties to communicate directly with each other in a way that is constructive rather than adversarial. Hearing the other party speak about their experience, and having one’s own experience heard and acknowledged, is often the most significant moment in a workplace mediation.

The Role of the Mediator in Workplace Mediation

In workplace mediation, the mediator’s role is primarily facilitative. They are not there to assess the merits of either party’s position or to recommend a particular outcome. They are there to create the conditions in which both parties can have a genuine conversation about what has gone wrong and what needs to happen for the relationship to work going forward.

A skilled workplace mediator will help each party to move from their stated position to an articulation of their underlying needs. They will help each party to hear and understand the other’s perspective, even where they do not agree with it. They will manage strong emotions in the room with sensitivity and without allowing them to derail the process. And they will help the parties translate any understanding they reach into a concrete, workable agreement.

The Workplace Mediation Agreement

If the mediation is successful, the parties will typically record their agreement in writing. This document, sometimes called a working agreement or a mediation outcome agreement, sets out what each party has agreed to do differently and how they will manage their working relationship going forward. It might include commitments about how they will communicate with each other, how they will raise concerns before they escalate, how work will be divided or managed, what changes to working arrangements might help and what each party will do if difficulties arise in future.

The working agreement is not usually a legally binding contract in the way that a settlement agreement in employment mediation is. It is an expression of the parties’ mutual commitment to working together in a particular way. Its enforceability as a legal document depends on how it is drafted and what it contains. If either party wants the agreement to have formal legal force, they should take legal advice about how to achieve that before signing it.

Common Issues in Workplace Mediation

Power imbalances

Workplace mediation frequently involves parties who are not equal in formal power, such as a manager and a junior employee. A skilled mediator will be alert to power imbalances and will work to ensure that they do not prevent the less powerful party from engaging fully in the process. Techniques include ensuring each party has adequate private time with the mediator, being alert to signs that a party is not speaking freely in joint sessions, and actively drawing out the perspectives of a party who appears reluctant to speak.

Emotional intensity

Workplace disputes often involve strong feelings of hurt, anger, betrayal or injustice that have built up over a significant period. These emotions are legitimate and the mediator will not dismiss or minimise them. But they can also make it harder to have a productive conversation about practical solutions. Part of the mediator’s role is to help each party express their feelings in a way that the other party can hear, rather than in a way that provokes defensiveness and entrenchment.

Third parties and the wider team

Workplace conflicts rarely exist in isolation. They affect colleagues, teams and sometimes whole departments. Where the conflict has spilled out into the wider team, the mediator and the parties will need to think about how the agreement will be communicated to others and what, if anything, will be said to colleagues about what has happened and what has been agreed. This requires careful handling to preserve confidentiality while also allowing the team to function normally.

Choosing a Workplace Mediator

Choosing the right mediator for a workplace mediation is covered in detail in Chapter 6. In brief, the most important criteria are experience in workplace rather than purely commercial mediation, a facilitative rather than evaluative style, strong interpersonal skills and the ability to manage power dynamics and emotional intensity with confidence and sensitivity.

Robin Somerville is an accredited mediator with experience across workplace and employment disputes. Contact Robin to discuss whether workplace mediation is the right approach for your situation.

Important Disclaimer: This page is provided for general information purposes only and does not constitute legal advice. Nothing on this page should be relied upon in respect of your legal rights or obligations. Before taking or refraining from taking any action in connection with a workplace or employment dispute, you should obtain advice from a qualified solicitor or barrister with relevant expertise. If you would like advice on your specific situation, contact Robin here.