Today we are going to explain how a workplace dispute can be mediated through our company. How it works from start to finish, the format for the day and the role of the mediator, and the process.

Workplace mediation is a structured, voluntary process where an impartial mediator helps employees or teams of employees resolve a dispute, their issues in a safe, controlled environment away from the workplace, and their employer.

It aims to improve communication, rebuild working relationships, and prevent conflicts from escalating. This is done through using a series of private and joint meetings on the day of the mediation.

Prior To The Mediation.

Each mediator, mediation company will have their own style of approach, but in general it should follow the below, well this is how we conduct all of our workplace mediations. Once the company, organisation, business charity has accepted our quote, we will email the referrer, copied into both / all the employees.

This email is used to;

  1. Introduce the mediator.
  2. Briefly explain the process.
  3. Explain the role of the mediator.
  4. Include the mediators CV, references and general mediation experience.
  5. Manage expectations.
  6. Answer any questions.
  7. Arrange a pre workplace mediation introduction call. Ask for the employee’s best number to call on, and when.
  8. Mention position statements and the agreement to mediate.

Pre-Mediation Call

The length of call will vary between fifteen to thirty minutes. We can also provide these calls via Zoom, the same way as we provide online mediation, but it is usually quicker and easier for all to just have this call over the telephone. Here the mediator will explain that the call, to include the workplace mediation from start to finish is;

  1. Confidential, the only thing that can be fed back to the referrer, HR department, employer is that a mediation took place, an agreement was reached or not reached. Any agreement reached can only be shared with the employer if both / all the employees agree to the same.
  • Voluntary, the employee is not compelled to mediate, it is their choice. Even at the mediation if they are not comfortable, happy with the way it is going, they can ask for the mediator to end the mediation.

The mediator can also end the mediation if the employees are not following the ground rules, are not acting in good faith, are being continually rude to one another, or to the mediator, not acting in good faith, or mention any illegal activities.

  • Without prejudice, anything that is said or done at the mediation, cannot be used in any subsequent proceedings should they occur. Therefore, if the employees could not resolve their workplace dispute at the mediation, then enter into litigation, or make an employment tribunal action, they cannot refer to anything that was said or done at the mediation.
  • The workplace mediator will tell and reassure the employee that they are completely independent, completely neutral, will not take sides, form an opinion or make any judgement.
  • They will explain the process, based on two employees this would be a one-hour confidential session with the complainant, a fifteen-minute break. A one-hour confidential session with the complained, a lunch break of forty-five minutes.

You may ask why such a long lunch break, this is deliberate, as it gives the mediator a rest, a chance to eat something, but more importantly, it gives the employees the chance to reflect upon their private sessions and a chance to get something to eat.

The remainder of the day (typically four to five hours) is used to have joint and private meetings as appropriate. Here the mediator will guide the employees to tell each other what they told him / her earlier in their private sessions.

This helps to clear the air, address any confusion, miscommunication, misinterpretations, allowing for a Q & A and explanations. 

  • The mediator will advise the employee they need to sign the agreement to mediate and send it back to them prior to the mediation, without which they cannot mediate for them. Equally they will ask for a position statement, which should be no more than four A sides of paper. The position statement is usually to remain confidential it should include the answers, a summary around the below questions.
  • The background to the workplace dispute, the issues, what has happened?
  • When this happened, and why?
  • What is the current situation?
  • What is realistically required to resolve the dispute?
  • What could you have said or done differently to prevent the escalation / cause of this dispute?
  • The workplace mediator will then repeat this with the other employee(s).

The Mediation

The mediation workplace, can take place anywhere, usually it will be at the employer’s offices, a neutral venue or through online mediation, via the Zoom video calling platform.

The mediator will repeat more or less what they said on the pre mediation introduction call, i.e. explain the rules, process and their role. They will then ask the employee to go through their position statement in detail, and elaborate on any key points in detail.

This will then be repeated with both, all the employees. The afternoon session will be used to narrow the gaps and hopefully lead the employees to a realistic resolution. It is important to note that any agreement can just be verbal, but it is sensible to record it in writing. It can be signed, but unlike commercial mediation, it is not legally binding once signed, unless the employees state for such a clause to be inserted. It is an agreement based on trust, good faith.

Suitable Disputes

Workplace mediation services can be used for any type of workplace dispute, they are commonly used for:

  • Interpersonal conflicts between colleagues.
  • Disputes between employees and managers.
  • Communication breakdowns.
  • Bullying at work or harassment allegations (before formal investigations).
  • Team tension affecting productivity.

The Benefits Of Workplace Mediation

  • Confidentiality: The process is private, fostering open discussion.
  • Voluntary Participation: Both parties agree to engage in the process.
  • Preserves Relationships: Unlike formal grievances, mediation focuses on repairing professional relationships.
  • Cost-Effective & Efficient: It avoids lengthy, costly legal disputes or tribunal claims.
  • Encourages Collaboration: Helps employees develop conflict resolution skills.

When Mediation May Not Be Suitable

  • Cases involving serious misconduct requiring formal investigation.
  • Situations where one party refuses to engage.
  • When legal action is already in progress.

Why Use Us?

You should be asking why you should not use us!

  • 6000+ mediations conducted.
  • 40 expert mediators, trained in commercial, workplace, community and family disputes.
  • Accredited through the Civil Mediation Council.
  • International coverage.
  • Flexible mediation costs.
  • Cheaper, yet more experienced than the competition.
  • 100+ genuine reviews.

To learn more about workplace mediation, call on 0800 246 1218 for an informal, no obligation and confidential consult.