Dispute resolution in the workplace

Disputes in the workplace can be damaging for everybody involved, so they should be resolved quickly and fairly.

Our Dispute Resolution Centres have trained skilled mediators to help everyone involved in a workplace dispute (including managers, employees and unions) reach a mutually agreed outcome.

Difference between facilitation and mediation

Mediation usually involves disputes between individuals or an individual and an organisation.

In contrast, facilitation usually involves large-scale disputes with several parties, an organisation, a department, or an entire community.

Facilitation can also help manage a situation to prevent future disputes. Organisations may use facilitation if they’re discussing major changes and need a neutral facilitator to guide the discussion.

Read more about facilitation.

Disputes suitable for mediation

All kinds of workplace disputes are suitable for mediation, including:

• conflict between 2 or more workers
• disputes involving entire workplaces
• disputes between management and employees.

We may also be able to assist after you have followed formal management action to resolve a grievance. The formal resolution of a complaint doesn’t always lead to the end of workplace conflict.

Our mediators

Mediators don’t have to be experts in industrial law. They don’t represent one side or the other, as solicitors do, or judge how the dispute should be resolved.

They act impartially to clarify issues, keep discussion on course and ensure that all sides have the chance to speak.

When participants reach an agreement, mediators put it in writing so that everyone is clear about its terms. There are usually 2 mediators present.

Mediators receive training that is practical and comprehensive. It also teaches respect for people’s right to have a say in issues that affect their lives. This enables mediators to deal successfully with a wide range of matters.

Find out more about training for mediators.

Benefits of our mediation service

There are several benefits of our mediation over in-house mediation:

• neutrality—mediators are neutral and impartial
• confidentiality—the discussion can be free and frank
• privilege—no information disclosed during the mediation or documents prepared for it can be used as evidence in court.

The law includes these protections in case mediation fails to resolve the dispute. Either party can then take further action without the mediation affecting the outcome.

If an agreement is made legally binding, only the agreement itself can later be used as evidence.

Arranging mediation

A manager or human resource management unit can contact us because:

• they would prefer to attempt mediation rather than starting a formal complaint process

or

• an investigation hasn’t been concluded satisfactorily.

Contact a Dispute Resolution Centre near you to discuss your particular needs.