The workplace mediation process
A typical workplace mediation session follows four stages:
1. Introduction — The mediator explains the process, confirms confidentiality, and establishes ground rules. Each party has the opportunity to speak without interruption.
2. Exploration — The mediator helps each party describe their experience, identify what matters most to them, and understand the other party's perspective. Private meetings (caucuses) may occur at this stage.
3. Negotiation — The mediator facilitates discussion of options and helps the parties work toward agreement. The mediator may reality-test proposals and help identify common ground.
4. Agreement — If the parties reach agreement, the key terms are documented in writing and signed by both parties before the session ends. The agreement is a binding contract.
Who attends?
Typically, the two (or more) parties directly in dispute, and the mediator. HR representatives may attend in an observer or support capacity, depending on the organisation's approach. Legal representatives do not typically participate in the session itself, though parties may take legal advice before and after.
How long does it take?
Most workplace mediation sessions are completed in half a day to a full day. Complex matters involving multiple parties may require a second session. Scheduling typically takes one to three weeks from agreement to participate.
What types of disputes does it cover?
- Interpersonal conflict between colleagues
- Bullying and harassment disputes (where allegations have been assessed as suitable for mediation)
- Manager/employee relationship breakdowns
- Unfair dismissal and general protections matters (pre- or post-application)
- Redundancy and restructure disputes
- Return-to-work arrangements following workplace injury
Is the outcome confidential?
Yes — see our detailed guide: is workplace mediation confidential? Both the process and the outcome (unless the parties agree otherwise) are confidential.
What if the dispute involves a Fair Work Commission application?
Private workplace mediation can occur before, during, or alongside Fair Work Commission proceedings. Resolving a matter through private mediation gives the parties more control over the outcome and timeline than waiting for a Commission conciliation conference.
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