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Assessing whether workplace mediation is suitable
Workplace mediation: Assess willingness, safety and the need for formal findings before arranging mediation.
Anonymised practice examples drawn from cases handled by our team.
Workplace mediation: practical approach
A referral needs a reasoned assessment of the actual concerns and each person’s willingness and ability to participate. The presence of a power difference does not by itself answer the question, but its practical effect needs examination. A safeguard should be connected to the identified risk rather than added as a generic assurance.
What to check and record
Where facts need formal determination or the discussion would undermine an investigation, a different or sequenced process should be considered. The facilitator’s non-adjudicative role should remain clear throughout. Reaching a decision not to mediate can be an appropriate application of the framework; it should not be counted as a failed resolution simply because no joint meeting took place.
Learning for managers
The lesson is to assess suitability against the problem that needs solving. Mediation may help people agree future working arrangements, but it should not be used to avoid a necessary factual decision.
Manager checklist
- Check the purpose of mediation
- Assess safety, power imbalance and willingness
- Consider whether formal findings are needed
- Explain the selected route and safeguards
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Further reading
General guidance for Great Britain. Use the relevant policy and advice for a live case.
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