Key differences
| Investigation | Mediation | |
|---|---|---|
| Purpose | Determine facts | Resolve the dispute |
| Process | Investigator interviews witnesses, reviews evidence | Mediator facilitates negotiation between parties |
| Outcome | Findings of fact, recommendations | Voluntary agreement between parties |
| Confidential? | Report may be disclosed to parties | Fully confidential |
| Voluntary? | Employer-directed; parties must participate | Voluntary — both parties must agree to participate |
When to investigate vs when to mediate
An investigation is appropriate where there are serious allegations that need to be established as fact before any action is taken — for example, allegations of serious misconduct, harassment, or fraud that may lead to disciplinary action or termination.
Mediation is appropriate where the primary goal is to repair a working relationship, resolve an ongoing conflict, or reach a settlement — even where some fault is acknowledged. It is also useful where an investigation would be disproportionate to the seriousness of the issue.
Can you do both?
Yes — and sometimes it is the right sequence. An investigation may establish findings that then provide the basis for a mediated resolution of the employment relationship. Alternatively, mediation may be attempted first, and an investigation initiated only if mediation does not resolve the matter. The right sequence depends on the nature and seriousness of the allegations.
Our workplace mediation service includes advice on which process is appropriate for your situation.
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