Definition
A voluntary, confidential process where an impartial third party helps two or more people in a workplace dispute reach their own resolution. Mediation is not about finding fault or blame but about facilitating a constructive conversation and agreeing a way forward.
UK Context
ACAS strongly recommends mediation as an early intervention in workplace disputes and provides its own mediation service. Employment tribunals may suggest mediation at the case management stage. The CIPD reports that mediation successfully resolves around 70-80% of workplace disputes when used appropriately.
Best Practices
- Offer mediation early in the conflict, before positions become entrenched and formal processes begin
- Use trained, impartial mediators who are not involved in the dispute or in the same reporting line
- Ensure participation is genuinely voluntary and the outcome is agreed by the parties, not imposed
Frequently Asked Questions
When is mediation appropriate?
Mediation works best for relationship breakdowns, personality clashes, communication problems, and disputes that have not yet escalated to formal procedures. It is generally not appropriate for cases involving serious misconduct, harassment, or where there is a significant power imbalance.
Is mediation legally binding?
A mediation agreement is not usually legally binding in the same way as a settlement agreement, but it creates a moral and practical commitment between the parties. If one party fails to follow the agreed actions, the employer may need to consider formal processes.