Workplace Mediation

In an Employment context, mediation most often arises as an alternative to a contested Employment tribunal hearing.

This can take the form of Judicial Mediation initiated by the Employment Tribunal itself or a private mediation initiated by the parties who instruct a private mediator.

Private mediation is particularly helpful in high value or complex disputes.

Workplace Mediation is most often utilised to avoid a formal dispute being referred to an Employment Tribunal. Examples of situations that might cause an employer to consider promoting workplace mediation could include:

• When a grievance has been filed by one or more employee. Mediation may be appropriate and helpful before or after a grievance has been investigated;
• When effective team working is disrupted by issues that have been observed by management, or may have been referred to HR ahead of a grievance being filed; and
• When an employee has filed a grievance at the same time as being the subject of discipline by the employer.

In most instances, the objective of the mediation is to resolve the existing conflict and prepare the ground for a more harmonious and effective relationship going forward.

David Bradley, Head of Employment, is a CEDR accredited Mediator and is also registered with the Employment Lawyers Association as a Mediator.

David will work with you, the employer, to agree a structure for the mediation and then engage in a structured process with the affected employee(s). All matters and processes are conducted in confidence.