What Is Workplace Mediation? Meaning & Examples
Workplace mediation is a confidential, voluntary meeting where a neutral third person helps two people or groups reach their own agreement about a workplace dispute. The mediator does not decide who is right, and nothing is imposed on either side.
It suits personality clashes, communication breakdowns and rostering disputes, but it is not a substitute for an investigation into serious misconduct. This guide explains how workplace mediation works and what to prepare.
How workplace mediation works
- One party or a manager raises the dispute, and both sides agree to try mediation because it only works when people take part willingly.
- A neutral mediator is chosen, such as a trained internal person, an external practitioner or an agency, with no stake in the outcome.
- The mediator meets each person separately first to hear their view, explain the process and confirm what is confidential.
- A joint session follows, where each person speaks without interruption, and the mediator keeps the discussion on the issues rather than blame.
- The parties work out options and write down any agreement, including who will do what and when it will be reviewed.
- The employer follows up after an agreed period to check the arrangement is working and records the result in a confidential file.
Examples of workplace mediation
- Two labourers on a construction site argue over who does the early starts, and a supervisor arranges a rotating roster both can accept.
- A warehouse picker and a team leader disagree about feedback, and a mediator helps them agree on how and when it is given.
- A cleaning crew splits into two groups over task allocation, and a facilitated meeting settles which tasks each group covers.
- An office administrator and a manager clash about hours, and mediation leads to a flexible arrangement under a written request.
- A labour hire worker and a host supervisor disagree about site instructions, and the provider convenes a short meeting to agree on how directions are given.
Workplace mediation rules and key numbers
| Item | What the rule is | Where to confirm it |
|---|---|---|
| Participation | Voluntary, unless a contract, award or agreement requires parties to try a dispute process first | Award or enterprise agreement |
| Confidentiality | Set by the mediation agreement, with limits where safety or the law requires disclosure | Mediation agreement |
| Bullying | A worker can apply to the Fair Work Commission for an order to stop bullying, or report it to SafeWork NSW | Fair Work Commission, SafeWork NSW |
| Unfair dismissal | Applications go to the Fair Work Commission within 21 days of the dismissal taking effect | Fair Work Commission |
| Flexible working | An employer must answer a written request within 21 days and can refuse only on reasonable business grounds | Fair Work Ombudsman |
| Records | Time and wage records for 7 years, and payslips within 1 working day of payday | Fair Work Ombudsman |
Related terms
- Mediator: a neutral person who helps the parties talk and reach their own agreement.
- Conciliation: a process where the conciliator may suggest options, often used by the Fair Work Commission for disputes.
- Grievance procedure: the written steps an employee follows to raise a complaint at work.
- Support person: someone who attends a meeting with you for support but does not speak for you.
Workplace mediation FAQ
Is workplace mediation compulsory?
Usually no. It is voluntary, because it only works when both sides take part in good faith. Some contracts, awards or enterprise agreements require you to try a dispute process first, so check your documents before refusing a mediation request.
When is workplace mediation not suitable?
It is not suitable for serious allegations such as violence, sexual harassment or theft, or where a power imbalance makes a fair talk impossible. Those matters need an investigation and, where relevant, a report to SafeWork NSW or the police.
Who pays for workplace mediation?
The employer usually pays for an internal or external mediator, and fees depend on the provider (indicative — get quotes). The Fair Work Commission also helps resolve some disputes, so ask the Commission what is available before paying for a private mediator.
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. For the wider picture, read our workplace misconduct guide, or visit our host employer labour hire page to talk to TQN Personnel.