When mediation is appropriate for bullying
Mediation can be an effective response to bullying where:
- The behaviour is interpersonal and involves a breakdown in the working relationship (conflict-driven rather than systematic abuse)
- Both parties are willing to participate genuinely and without coercion
- The primary goal is restoring a working relationship, not establishing fault
- No formal investigation is required — or an investigation has been completed and findings are established
When mediation is not appropriate
- Where the bullying is serious or systematic and requires an investigation to establish facts and accountability
- Where there is a significant power imbalance (manager bullying a direct report) without appropriate safeguards — shuttle format may mitigate this
- Where the alleged bully denies any problematic behaviour and is unwilling to engage in good faith
- Where the safety of the complainant would be at risk
See: workplace investigation vs mediation — for guidance on which process is more appropriate in your situation.
What about Fair Work Commission anti-bullying applications?
The Fair Work Commission has the power to make orders to stop bullying under Part 6-4B of the Fair Work Act 2009 (Cth). Many Fair Work Commission anti-bullying applications are resolved through conciliation — which is a form of facilitated negotiation similar to mediation. Private mediation before filing can resolve matters faster and with more flexibility than Commission proceedings.
Safe Work Australia and psychosocial hazards
Under WHS legislation, employers have a duty to manage psychosocial hazards in the workplace, including bullying — see Safe Work Australia — mental health for guidance. Mediation is one tool in a suite of responses — alongside policies, training, and investigation. It should be part of a broader response, not a substitute for it where the situation is serious.
Confidentiality and bullying mediation
Workplace mediation is confidential — what is said in the session cannot be used in subsequent proceedings. This can encourage frank discussion but also means that admissions made in mediation cannot substitute for a formal investigation finding if accountability is the primary concern.
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