Employment dispute mediation
Employment dispute mediation helps the people involved explore an agreed resolution without asking the mediator to decide legal liability. It can sit alongside legal advice or formal procedures. Check any statutory deadline or required dispute procedure promptly: arranging private mediation does not stop a filing deadline or replace a regulator's role.
Key takeaway
Employment dispute mediation is a private, voluntary process in which an independent mediator helps an employer and employee, or colleagues, work towards their own agreement. Mediations Australia is not part of the Fair Work system, and private mediation does not pause statutory deadlines: unfair dismissal applications, for example, must be made to the Fair Work Commission within 21 days of the dismissal.
Which employment disputes fit
Private mediation tends to suit disputes where both sides are willing to talk and want more control over the outcome than a formal process offers:
- Working-relationship disputes between an employee and a manager, or between colleagues.
- Grievances that have been raised but where both sides would prefer an agreed resolution, once any required investigation has been dealt with.
- Exit discussions, where an employment relationship is ending and both sides want to agree terms. Each party should have independent legal advice.
Mediation is not a substitute for a statutory claim where one is needed, and it is not appropriate where safety concerns or serious allegations need a different response first. See our suitability guide.
Private mediation, the Commission and the Ombudsman
| Private mediation | Fair Work Commission | Fair Work Ombudsman | |
|---|---|---|---|
| What it is | A private service arranged by agreement | The national workplace relations tribunal | The regulator for workplace rights and entitlements |
| How it starts | Employer and/or employee contact a mediator | Usually an application is lodged | An enquiry or request for help |
| Who decides | The parties, by agreement | Conciliation by agreement; some matters can be determined | Does not determine unfair dismissal claims |
| Deadlines | Does not stop statutory time limits | Strict filing deadlines for some claims | Depends on the issue |
The Fair Work Ombudsman says it does not investigate unfair dismissal complaints, and that people who think they have been unfairly dismissed apply to the Commission within 21 days of the dismissal (Fair Work Ombudsman: Unfair dismissal). For the Commission's own processes, see the Fair Work Commission. Mediations Australia is a private provider and has no affiliation with either body.
Before you refer a matter
- Check deadlines first. If a statutory claim may apply, get advice immediately; do not wait for mediation.
- Check your policies and agreements. An enterprise agreement, award or workplace policy may set out a required dispute procedure.
- Get legal advice on your rights and options, especially before exit or settlement discussions.
- Confirm authority to settle. The person attending for the employer needs authority to agree to practical changes or terms.
Intake and representation
The mediator meets each party separately before the session to understand the dispute, any safety or power-imbalance concerns, and who will attend. Whether lawyers, union representatives or support people attend is discussed and agreed in advance, so everyone knows who will be in the room. Intake with each party is included in the fee.
Possible outcomes and legal review
If agreement is reached, the practical terms are written down. Whether an agreement is legally binding, and how it is enforced, depends on its terms and the formalities followed; there is no universal answer. Where an agreement settles legal claims or ends employment, each party should have it reviewed by their own lawyer before signing. If agreement is not reached, the parties keep their other options.
Fees and suitability
Workplace mediation pricing
| Option | Fee | Including GST |
|---|---|---|
| Half day | $2,200 + GST | $2,420 |
| Full day | $3,800 + GST | $4,180 |
| Each additional party | $500 + GST | $550 |
Standard pricing covers two parties and includes an intake session with each party and the mediation session. Prices are totals for the engagement, not per person. Intake with each additional participating party remains included.
Travel is extra and quoted separately. Group or team facilitation is quoted on request.
See workplace mediation cost for examples with additional parties. The first step is a confidential conversation about whether mediation suits the dispute.
About the mediator. Dan Toombs is an AMDRAS-accredited mediator and a former Member of the Guardianship and Administration Tribunal (Queensland), whose jurisdiction is now within QCAT. He has mediated workplace disputes across professional services, healthcare, education, construction, and the not-for-profit sector. View Dan's profile. Who mediates a particular matter depends on suitability and availability.
Related: unfair dismissal and termination · general protections and discrimination · workplace dispute guide.
Questions & answers
Employment Dispute Mediation — frequently asked
Is Mediations Australia part of Fair Work?+
No. Mediations Australia is a private mediation provider. It is not part of, or affiliated with, the Fair Work Commission or the Fair Work Ombudsman.
Does mediation pause Fair Work deadlines?+
No. Arranging private mediation does not stop statutory time limits. For example, unfair dismissal applications must be made to the Fair Work Commission within 21 days of the dismissal. Get advice promptly if a claim may apply.
Who can refer an employment dispute?+
An employer, an employee, or both together. Everyone must agree to take part. Where one party makes contact, we ask the other whether they are willing to participate.
Can lawyers or union representatives attend?+
Often, yes. Who attends, and in what role, is discussed at intake and agreed before the session so that everyone knows who will be present.
Is a mediated agreement enforceable?+
It depends on the agreement's terms and the formalities followed; there is no universal answer. Where an agreement settles legal claims or ends employment, each party should have it reviewed by their own lawyer before signing.
Related guides & services
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