Workplace disagreements can happen in any organisation. Difficulties may arise between colleagues, employees and managers, or within teams. Sometimes the issue is a misunderstanding or communication problem. In other situations, a disagreement may have developed over time and started to affect the working relationship.
Workplace mediation can provide a structured and confidential opportunity to address these difficulties and explore a practical way forward.
What is workplace mediation?
Workplace mediation is a voluntary process in which an independent mediator helps people involved in a workplace conflict communicate with each other and explore possible solutions.
The mediator does not decide who is right or wrong. Instead, the mediator helps the participants identify the issues, understand each other's perspectives and consider whether they can reach an agreement.
What kinds of workplace issues can mediation help with?
Depending on the circumstances, workplace mediation may be considered where there are difficulties involving:
Communication between colleagues
Workplace relationships
Misunderstandings or disagreements
Team conflict
Difficulties between an employee and manager
Breakdown in communication
Concerns about how people work together
Workplace interpersonal conflict
Returning to a constructive working relationship after a disagreement
Mediation is not necessarily about making everyone agree about what happened in the past. It can instead focus on how the parties can work together going forward.
What happens during workplace mediation?
The exact process can vary depending on the circumstances, but it will generally involve:
1. Initial discussion
The mediator explains the process, confidentiality, voluntary nature of mediation and the mediator's role.
2. Understanding the issues
Each participant has an opportunity to explain their concerns and what they would like to achieve.
3. Exploring the conflict
The mediator helps the participants identify the issues that are affecting the working relationship.
4. Exploring possible solutions
The participants consider practical ways of improving communication and working arrangements.
5. Reaching agreement
If the participants reach an agreement, the agreed points can be recorded appropriately.
Do both people have to agree to mediation?
Yes. Mediation is voluntary.
One person cannot force another person to participate in mediation. This is important because mediation is fundamentally different from an investigation or disciplinary process.
Mediation is not an investigation.
A mediator does not investigate allegations, determine whether misconduct occurred or decide who should receive a disciplinary sanction.
Where an employer is dealing with a grievance or disciplinary matter, the organisation may have its own procedures for investigating and addressing the issue.
Mediation and workplace procedures can therefore have different purposes. Depending on the circumstances, mediation may be considered alongside other workplace processes, but it should not be presented as a substitute for a process that the employer is required to follow.
What are an employee's workplace rights?
Employees in Ireland have various rights under employment and equality legislation.
The Workplace Relations Commission (WRC) provides information and guidance on employment rights and workplace procedures. Its website includes information on areas such as employment rights, grievance and disciplinary procedures, equality, working arrangements and other workplace matters.
The WRC also publishes Codes of Practice intended to provide guidance to employers, employees and representatives. For example, its Code of Practice on Grievance and Disciplinary Procedures sets out general principles relating to fair procedures in workplace grievance and disciplinary matters.
Workplace Relations Commission:
Employees who have concerns about their employment rights can obtain information directly from the WRC and, where appropriate, consider whether a formal complaint or other process may be available.
When might workplace mediation be worth considering?
Mediation may be worth exploring when the people involved:
Want to improve their working relationship;
Are willing to communicate;
Want to find a practical way forward;
Would prefer to resolve an interpersonal conflict constructively;
Believe that continuing conflict is affecting their work; or
Want an opportunity to discuss the situation with the assistance of an independent mediator.
However, mediation is not appropriate for every situation. Serious allegations, safeguarding concerns, violence, coercion, discrimination or other circumstances may require specialist advice or a formal workplace process instead.
The suitability of mediation should therefore be considered case by case.
A constructive way forward 🏳
Workplace conflict does not always have to end with a damaged working relationship.
Where the circumstances are suitable and everyone is willing to participate, mediation can provide a structured opportunity to listen, communicate and explore practical solutions.
Sometimes the goal is not to make people agree about everything that happened.
The goal may simply be to find a workable way forward.
This article is for general information only and does not constitute legal advice. Employment rights and the appropriate process depend on the circumstances of each case. Employees and employers should obtain independent legal or professional advice where appropriate.