Is This Workplace Dispute Ready for Mediation? A Practical Guide for HR
By Colin Bourne
Is this situation suitable for mediation, or does it need further investigation first? For HR professionals responding to a workplace grievance, that is an important starting point.
The answer depends on what needs to happen next. There may be allegations requiring investigation, a working relationship needing attention, or both. Understanding those needs helps HR make a considered referral and explain it convincingly to the colleagues involved.
What decision does the organisation need to make?
Before suggesting mediation, consider whether the organisation needs to establish what happened, determine whether standards were breached or take protective action. Mediation cannot replace those responsibilities. Where a formal grievance has been raised, the employer needs to follow a fair procedure.
Ask what remains uncertain. Are important facts disputed? Are there serious allegations requiring investigation? Does someone need immediate support or protection? Would proposing mediation now leave an employee feeling that their complaint was being sidestepped?
A necessary investigation should not be displaced by an invitation to talk. Mediation may still have a role later, once the appropriate work has been completed.
Is there a relationship problem that workplace mediation could help address?
Look at what is preventing the colleagues from working together. Recurring misunderstandings, avoidance, damaged trust and disagreements about responsibilities may provide useful matters for a mediated conversation.
Consider these questions:
Can each person participate freely and meaningfully?
Are there differences in authority, confidence or wellbeing that require support?
Is there something practical the participants could influence?
Is the organisation willing to support reasonable changes arising from the discussion?
A preliminary conversation with a mediator can help assess these factors. A referral need not mean the decision to proceed has already been made.
How do you encourage colleagues to consider workplace mediation?
Someone who feels hurt or unfairly accused may hear “mediation” as “compromise” or “drop your complaint”. Begin by acknowledging their concern and explaining why the organisation is offering support.
For example:
“We recognise that this situation has been difficult. We would like to offer an independent mediator so you can explore your concerns and what would help you work together.”
Clarify the mediator’s role:
“The mediator will not decide who is right or impose a solution. They will help each of you explain your perspective and consider what might change.”
Explain the company’s purpose:
“We are supporting this because your working relationship matters, and we want to give you time and independent support to address the difficulties.”
Participation must remain voluntary. People should understand the process and confidentiality arrangements before deciding. Encouragement works best when it leaves room for questions, hesitation and an informed choice.
Address reluctance without applying pressure
Ask what concerns the person about taking part. They may fear confrontation, doubt the other person’s intentions or worry that the discussion will affect their grievance.
A useful response might be:
“What would you need to understand or feel reassured about before considering this? You could speak privately with the mediator before deciding whether to proceed.”
Avoid promising an apology, agreement or repaired relationship. Offer a credible opportunity for discussion and acknowledge its limits.
Prepare people for a useful conversation
Preparation should help colleagues identify what matters to them and what they hope will be different. Encourage them to think about specific examples, the impact of the situation and changes they could realistically request or contribute.
You might say:
“You do not need to prepare a case against your colleague. Think about what you need them to understand, what you would like to change and what a workable relationship would look like.”
Confirm practical arrangements, support needs and what information may be shared afterwards. Separate preliminary conversations with the mediator can help identify concerns that participants may struggle to raise with HR.
A well-prepared referral gives people a clear purpose, realistic expectations and space to choose. That is a stronger foundation for mediation than simply asking them to attend.
Considering a referral? I welcome an initial conversation about suitability, timing and preparation. Feel free to reach out on a confidential basis.
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