In many cases this is healthy and leads to robust discussion, constructive debate and better, more-informed decisions.

However, these scenarios will sometimes evolve into unhealthy conflict or dispute, especially if co-workers are unable to resolve their differences respectfully and effectively without some help.

The Victorian Chamber’s expert Workplace Relations Consultants have compiled our top five considerations when facilitating mediation processes.

1: What are the prospects for success?

A mediation process may be proposed in situations where co-workers are having difficulty working together, struggling to reach agreement on key business decisions, or simply not getting along. Someone may even have lodged a complaint or have asked for help from the business to resolve the issues.

Mediation is an excellent option if there is a reasonable chance the concerns can be addressed informally, and the participants are genuinely interested in resolution and will need to have an ongoing working relationship with each other. Directing (or ‘forcing’) employees to participate in mediation is rarely the best approach.

Our skilled mediators can help determine whether mediation is recommended or if an alternative process, such as an investigation or a more directive approach, is warranted.

2: Mediation vs investigation

Mediation participants must understand the process is not an investigation. A mediator will not assess facts, gather evidence, make findings or determine who was ‘right’ or ‘wrong’. Instead, they will help the participants discuss the issues of concern to them, what they need from each other to achieve resolution, and what commitments they are prepared to make moving forward.

The outcomes are informal and the agreed actions remain confidential to the participants, unless they each consent to share this information with the employer.

3: Mediation vs conciliation

There are a lot of similarities between these two processes. The key difference is the level of intervention or direction taken by the person facilitating the discussions. A mediator will create an environment for a respectful and solution-focused conversation, helping the participants devise their own potential solutions and agree on the way forward themselves.

The mediator may make some suggestions or ‘sense check’ those made by the participants, but the mediator will not step into the shoes of the participants to push or mandate a particular outcome.

4: Confidentiality and setting expectations – don’t make promises you can’t keep

A safe and trusting environment is key to a successful mediation process. Participants should be given clear and transparent instructions up front about what they can and can’t expect regarding confidentiality.

A mediator should also make sure the client (usually the employer) knows what information they will and won’t receive. It’s also important not to expect every aspect of the working relationship to be resolved by the mediation process. The outcomes or resolutions may include some ‘ground rules’ or expectations for future interactions, and agreed steps to follow if things don’t go according to plan.

5: Resolution - make sure participants are on the same page

If agreement is reached on the pathway forward, it’s useful for participants to have some written record of what has been agreed. We are human, and sometimes might leave a discussion with different interpretations of what was ‘agreed’. We also might ‘forget’ some of the commitments made to each other and need a reminder in the coming weeks or months.

A skilled mediator can capture the key resolutions and seek participant feedback before finalising a confidential agreement for each participant as a confidential and informal reference document just between them.

How the Victorian Chamber can assist

For assistance with a Mediation process, or any other aspect of your employment obligations, please call the Victorian Chamber Workplace Relations Advice Line on 8662 5222 or view our HR Support Packages, including our mediation related HR Resolve Package.

Workplace Relations Advice Line

Trying to deal with workplace issues alone but don’t know where to start? Before you take any action, call our Workplace Relations Advice Line.

Our experienced team are here to give you over-the-phone advice about human resources or workplace relations issues. Our Employer members have free and unlimited access to expert advice through the Workplace Relations Advice Line.

Fair Work representation

Managing claims in the Fair Work Commission (FWC) or other tribunals such as VCAT can be one of the most stressful and costly issues for your business. With help from our Workplace Relations consultants, you can rest assured our expertise is on your side.

Workplace Investigations and Mediations

Our experienced Workplace Relations Consultants have expertise in managing sensitive and complex workplace processes. We also bring an independent and unbiased element to what can be challenging and emotive scenarios.

Employment Termination

It is important to manage the termination of an employment relationship carefully to ensure you meet your legislative obligations, regardless of whether the employment contract is terminated by the employer or employee.

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Is your business paying its employees correctly? When it comes to wages, awards and entitlements, ensure that your business complies with the law with professional support from our Workplace Relations Advice Line and consultants.

If you have any questions our workplace relations advice line is available to assist on 03 8662 5222.