Workplace Mediation Archives -

Sep 10

The Role of Fair Work Australia and Workplace Mediation

By Mediations Australia Mediation, Workplace Mediation

Understanding how Australia’s Fair Work system facilitates workplace dispute resolution through mediation, conciliation, and formal processes

Workplace disputes are an inevitable part of employment relationships, but how they’re resolved can make the difference between maintaining productive workplace relationships and costly litigation. Australia’s Fair Work system, primarily governed by the Fair Work Act 2009, provides a comprehensive framework for resolving workplace disputes through workplace mediation various mechanisms, with mediation playing a central role.

Key Takeaway: The Fair Work system offers multiple pathways for resolving workplace disputes, starting with workplace-level discussions and escalating through mediation and conciliation services provided by the Fair Work Commission and Fair Work Ombudsman, before reaching formal arbitration or court proceedings.

Understanding Australia’s Fair Work System

The Evolution: From Fair Work Australia to Fair Work Commission

The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA), is the Australian industrial relations tribunal created by the Fair Work Act 2009 as part of the Rudd Government’s reforms to industrial relations in Australia. This evolution represents Australia’s commitment to maintaining an independent, accessible workplace relations system.

The system encompasses multiple institutions working together:

Fair Work Commission (FWC): The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. It’s an independent body with the power to carry out a range of functions relating to employment. The FWC serves as the primary tribunal for workplace disputes, with powers extending from minimum wage setting to complex dispute resolution.

Fair Work Ombudsman (FWO): The Fair Work Ombudsman (FWO) (or formally, the Office of the Fair Work Ombudsman), is an independent statutory agency of the Government of Australia that serves as the central point of contact for free advice and information on the Australian national workplace relations system.

Who is Covered by the Fair Work System

Most, but not all, employers in Australia are national system employers. This means that most workers are national system employees. The system covers the majority of private sector workplaces across Australia, ensuring consistent workplace rights and obligations regardless of state or territory boundaries.

The Framework for Workplace Dispute Resolution

Mandatory Dispute Resolution Procedures

The Fair Work Act 2009 requires that all modern awards contain a dispute settlement procedure for settling disagreements between employers and employees about any matters arising under either a modern award or the National Employment Standards.

The typical dispute resolution framework follows this structured approach:

Stage 1: Workplace-Level Resolution Parties must initially attempt to resolve the dispute at the workplace level by holding discussions between the employee(s) concerned and the relevant supervisor or line manager

Stage 2: Senior Management Escalation If the dispute cannot be resolved at this level, parties will escalate the matter to more senior levels of management

Stage 3: External Assistance An employee, the employer or their representatives may refer the dispute to the Fair Work Commission after all appropriate steps have been taken within the workplace.

The Role of Union and Employee Representatives

Union officials and workplace delegates play a crucial role in the dispute resolution process. Union officials and workplace delegates can also play an important role in resolving workplace disputes. Employees may choose to seek advice from their union representative or involve them in these discussions.

Fair Work Commission’s Mediation and Dispute Resolution Powers

Primary Dispute Resolution Methods

The Fair Work Commission can deal with a dispute through conciliation, mediation or, if agreed by the parties, arbitration. These methods represent a graduated approach to dispute resolution, moving from informal to formal processes.

Mediation: A voluntary, confidential process where an independent mediator facilitates discussion between parties to reach mutually acceptable solutions.

Conciliation: Conciliation is a voluntary process to help an employer and employee resolve an unfair dismissal dispute. It is an informal method of resolving the unfair dismissal claim that is generally conducted by telephone and can avoid the need for a formal conference or hearing.

Arbitration: Unlike mediation and conciliation, which focus on the interest and needs of both parties, arbitration is focused on legal rights before individual wishes. Arbitration involves both conflicting parties being heard by a third party.

The Conciliation Process in Detail

In a conciliation, we help the employer and the employee discuss the issues in their unfair dismissal case. The discussion takes up to 90 minutes and is usually via an online meeting.

The conciliation process involves:

Independent Facilitation: A conciliator from the Fair Work Commission runs the meeting. They are independent and do not take sides.
Structured Discussion: Parties explain their positions and explore potential settlements
Private Discussions: The conciliator may want to talk privately with each participant. To do this, they will place the parties and representatives in separate virtual meeting rooms.
Flexible Outcomes: This is different from a hearing, where the law controls and limits the outcomes.

Success Rates: If it is successful, the parties reach an agreement. This happens in about 75% of cases.

Fair Work Ombudsman’s Dispute Assistance Service

Free Dispute Resolution Support

Our Dispute Assistance service is a fast and no-cost way for employers and employees to resolve their issues with the help of a Fair Work Ombudsman Officer (FWO Officer). This service addresses the most common workplace disputes before they escalate.

Timeline: It usually takes about 2 to 4 weeks.

Process: When you ask for our help with your dispute, one of our officers will contact you to discuss your issue and confirm the details of your request for assistance. Based on the information you provide, they’ll guide you through our Dispute Assistance service.

Mediation Services Through Fair Work Ombudsman

The Fair Work Ombudsman operates a highly successful mediation program. Mediation is a free, confidential and voluntary process conducted by an accredited Fair Work Ombudsman mediator. The mediation occurs soon after an employee lodges a request for assistance and is conducted over the telephone, usually taking less than 90 minutes.

Statistical Success: In 2013 the Fair Work Ombudsman resolved 4625 matters through mediation, increasing to 6294 last year. In the past two years, mediators have assisted almost 11,000 workers to come to an agreement with their employer. The workers have collectively been back-paid more than $16 million without the need for the Agency to formally intervene.

Common Dispute Types: Most matters being resolved by mediation are the result of requests from assistance from employees in the retail, accommodation and food services, construction and manufacturing industries. The majority of matters are about underpayment of wages and penalty rates, non-payment of annual leave, wages in lieu of notice and redundancy.

Types of Workplace Disputes Handled

Unfair Dismissal Claims

Unfair dismissal is the most common type of termination dispute we deal with. An employee who believes they have been unfairly dismissed can apply to us for a remedy such as reinstatement and compensation.

The unfair dismissal process typically begins with conciliation, offering parties an opportunity to resolve matters without formal hearings.

Award and Agreement Disputes

The award or agreement will set out the dispute resolution procedure you must follow to resolve the dispute. You can apply to us for help if the dispute resolution procedure says you can.

Modern awards and enterprise agreements must contain dispute resolution clauses that provide clear pathways for resolving disagreements.

General Protections and Discrimination

Employees and potential employees are protected from discrimination at work. Employers who take harmful (‘adverse’) action because of discrimination may break general protections laws.

Sexual Harassment in the Workplace

The laws covering sexual harassment in the workplace changed on 6 March 2023. When someone seeks our help to stop sexual harassment at work or seeks a remedy for alleged sexual harassment in connection with work, it is the start of a legal process.

The Mediation Process: Step-by-Step Guide

Pre-Mediation Phase

Before formal mediation begins, there is often a pre-mediation phase where the mediator, appointed under the guidelines of the Fair Work Act 2009, may meet with the parties individually. This step allows the mediator to understand the background of the dispute, the positions of each party, and to prepare them for the mediation process.

During Mediation

One of the most critical phases is the actual mediation session where the parties come together to discuss their issues. Given that emotions can run high and communication barriers may arise, the mediator’s role is crucial in maintaining a constructive dialogue.

Mediator’s Role: Encourage both parties to speak openly and identify the real issues. Identify common interests and points of agreement between the two parties. Help people find a way through their problem that may not seem immediately apparent.

Confidentiality and Outcomes

It is common for people to represent themselves throughout a mediation process. All information that goes into mediation is confidential, including any documents referred to in meetings and the record of settlement. This means information must not be shared with anyone outside of the mediation process.

When Mediation Doesn’t Work: Escalation Pathways

Fair Work Commission Formal Processes

If the dispute still isn’t resolved, the Fair Work Commission can use any method of dispute resolution permitted by the Fair Work Act that it considers appropriate to ensure the dispute is settled.

We use different methods to help resolve different types of disputes. An informal process. We work with all parties to figure out the best solution for everyone. A semi-formal process.

Court Proceedings

If you cannot resolve your dispute at the Fair Work Commission or with other assistance, you can seek the assistance of a suitable court.

Small Claims Process: The small claims process under the Fair Work Act can be used to recover employee entitlements or other debts up to $100,000. In some cases, the court may allow the successful applicant to recover any court filing fees paid from the respondent.

Enterprise Agreements and Dispute Resolution

Mandatory Requirements

When applying to have an enterprise agreement approved, the FWC must be satisfied that the agreement includes a term that provides a procedure for resolving disputes.

The dispute resolution term must:

Require or allow the Fair Work Commission, or a person independent of the employer(s), employees and union(s) covered by the enterprise agreement, to settle disputes
Allow for employees to be represented when dealing with a dispute under the dispute settlement procedure

Model Dispute Resolution Terms

The Fair Work Commission provides model terms that organizations can adopt for their enterprise agreements, ensuring compliance with legislative requirements while maintaining flexibility for workplace-specific needs.

Best Practices for Workplace Dispute Resolution

Proactive Dispute Management

Best practice employers have simple, fair, confidential and transparent dispute resolution procedures in place. These employers take disputes seriously and address issues quickly and effectively, so they don’t escalate.

Benefits of Best Practice Approach: Every workplace can enjoy the benefits of taking a best practice approach to dispute resolution. These may include: greater employee productivity through increased job satisfaction … reducing the costs that come from resolving disputes externally (such as legal fees associated with dealing with claims made by employees against the employer).

Cost Considerations

It is estimated that managers spend between 30 to 50 per cent of their time managing workplace conflict, and that senior human resource executives can spend up to 20 per cent of their time in litigation activities related to workplace conflict.

This highlights the importance of early intervention and effective dispute resolution mechanisms.

Accessing Fair Work Services

Fair Work Ombudsman Contact

Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. Employees and employers can call 13 14 50 if they need interpreter services.

Fair Work Commission Applications

For formal disputes that require Commission intervention, parties must typically use prescribed forms and follow specific procedures outlined in the Fair Work Act and Commission Rules.

Free Services and Support

Both the Fair Work Commission and Fair Work Ombudsman provide their dispute resolution services at no cost to parties, removing financial barriers to accessing justice in workplace disputes.

Regional and Industry-Specific Considerations

National Coverage

The Fair Work Ombudsman have offices in all capital cities and 14 regional locations across Australia. This ensures accessibility for both metropolitan and regional workers and employers.

Industry-Specific Support

The Fair Work Ombudsman conducts targeted campaigns and audits in specific industries, recognizing that different sectors may have unique challenges and dispute patterns.

Recent Developments and Future Directions

Legislative Changes

Find out about the Closing Loopholes Acts and what’s changing at the Commission. The Fair Work system continues to evolve, with recent reforms addressing modern workplace challenges.

Technological Adaptations

The COVID-19 pandemic accelerated the adoption of virtual mediation and conciliation processes, with the discussion takes up to 90 minutes and is usually via an online meeting becoming standard practice.

Practical Steps for Workplace Parties

For Employees

Understand Your Rights: Know your entitlements under the Fair Work Act, relevant awards, and enterprise agreements
Document Issues: Keep records of workplace problems and attempted resolutions
Follow Internal Processes: Exhaust workplace-level dispute resolution procedures first
Seek Early Help: Contact the Fair Work Ombudsman for free advice and assistance, or consider professional mediation services like Mediations Australia for complex or sensitive matters
Consider Representation: Engage union representatives or legal advisors when appropriate

For Employers

Implement Clear Policies: Establish comprehensive, accessible dispute resolution procedures
Train Management: Ensure supervisors can handle initial dispute resolution effectively
Act Quickly: Address workplace issues promptly to prevent escalation
Maintain Records: Document all dispute resolution efforts and outcomes
Consider All Options: Evaluate both public Fair Work services and private mediation providers based on specific needs
Partner with Experts: Consider establishing relationships with professional mediation services like Mediations Australia to ensure rapid response to workplace disputes
Seek Professional Advice: Consult workplace relations professionals for complex matters

Choosing the Right Mediation Pathway

Assessment Criteria:

Urgency: Private providers may offer faster scheduling
Cost: Fair Work services are free; private services offer value through specialization
Complexity: Complex commercial disputes may benefit from specialist private mediators
Ongoing Relationships: Both public and private mediation focus on preserving workplace relationships
Legal Framework: Statutory entitlements are best addressed through Fair Work system

When to Contact Mediations Australia:

Multi-party workplace disputes
Senior executive or management conflicts
Complex performance management situations
Workplace culture issues
Situations requiring specialized industry knowledge
Time-sensitive business-critical disputes
When confidentiality and discretion are paramount

Getting Started with Workplace Mediation

Immediate Steps for Workplace Disputes

Assess the Situation: Determine the nature and severity of the dispute
Check Internal Policies: Review your workplace’s dispute resolution procedures
Consider Professional Help: For complex matters, contact experienced mediators
Choose Your Path: Decide between Fair Work services or private mediation based on your specific needs

Contacting Mediations Australia

If you’re facing a workplace dispute that could benefit from professional mediation, Mediations Australia is here to help. Our team of nationally accredited workplace mediators and employment lawyers provides:

Free Initial Consultation: Discuss your situation and explore options
Rapid Response: Quick assessment and scheduling for urgent matters
National Coverage: Services available across Australia
Flexible Delivery: In-person, online, or hybrid mediation options
Experienced Team: Specialists in workplace conflict resolution

Visit us at mediationsaustralia.com.au to learn more about our services or to schedule a consultation.

Conclusion

Australia’s Fair Work system provides a comprehensive, accessible framework for resolving workplace disputes through mediation and other alternative dispute resolution methods. The system’s strength lies in its graduated approach, starting with workplace-level resolution and providing multiple escalation pathways when needed.

The role of Fair Work Australia (now the Fair Work Commission) and the Fair Work Ombudsman in facilitating workplace mediation ensures that both employees and employers have access to free, professional dispute resolution services. With high success rates in mediation and conciliation, the system demonstrates that most workplace disputes can be resolved without resorting to costly and time-consuming court proceedings.

Private mediation services like Mediations Australia complement this public framework, offering specialized expertise, flexible scheduling, and customised processes for complex disputes. The combination of free public services and professional private alternatives creates a comprehensive dispute resolution ecosystem that serves diverse workplace needs across Australia.

Key Recommendations:

Utilize workplace-level dispute resolution procedures first
Access free services from Fair Work Ombudsman early in disputes
Consider mediation and conciliation before formal proceedings
Contact Mediations Australia for complex, time-sensitive, or confidential workplace disputes
Implement proactive dispute prevention strategies
Seek professional advice for complex workplace relations issues

Understanding and effectively utilising both Australia’s Fair Work mediation framework and professional private mediation services not only resolves current disputes but contributes to building more harmonious, productive workplace relationships that benefit all parties involved. The choice between public and private mediation should be based on the specific circumstances of each dispute, with both pathways offering valuable alternatives to costly litigation.

Ready to resolve your workplace dispute? Contact Mediations Australia today at mediationsaustralia.com.au for expert guidance and professional mediation services tailored to your specific needs.

For specific workplace disputes, parties should seek professional advice from qualified workplace relations advisors or legal practitioners. This guide provides general information and should not be considered as legal advice for individual circumstances.

Dec 28

What is Workplace Mediation? 2023 Important Update

By Mediations Australia Workplace Mediation, Mediation

Workplace mediation is a process that involves the use of a neutral third party, known as a mediator, to facilitate communication and negotiate a resolution to conflicts or disputes that arise in the workplace. Workplace mediation can be used to resolve a variety of issues, including interpersonal conflicts, communication problems, performance issues, and disputes over policies or procedures.

The goal of workplace mediation is to help the parties involved in the dispute understand each other’s perspectives and find a mutually acceptable resolution to the issue. The mediator does not take sides or make decisions for the parties, but rather helps them communicate and come to an agreement that works for everyone.

Workplace mediation can be an effective tool for resolving conflicts and improving communication and collaboration in the workplace. It can also help to improve the overall work environment by reducing conflict and improving morale. If you are involved in a workplace dispute and are interested in exploring mediation as a resolution option, you may want to speak to your employer or a professional mediator for more information.

In Australia is workplace mediation a voluntary process?

In Australia, workplace mediation is generally a voluntary process, meaning that both parties must agree to participate in order for it to take place. However, in some cases, an employer may require an employee to participate in mediation as a condition of their employment, or as a step in the company’s dispute resolution process.

If you are involved in a workplace dispute and are considering mediation as a resolution option, it is important to understand the terms of your employment and the policies and procedures of your company. You should also be aware of your rights and options if you do not wish to participate in mediation. If you are unsure about your rights or are concerned about participating in mediation, you may want to seek legal advice or speak to a representative from a employee rights organization.

Mediation is a voluntary, confidential process that is designed to help parties in a dispute communicate and find a mutually acceptable resolution.

A mediator is a neutral third party who does not take sides or make decisions for the parties, but rather helps them communicate and come to an agreement that works for everyone.

Workplace mediation can be used to resolve a variety of issues, including interpersonal conflicts, communication problems, performance issues, and disputes over policies or procedures.

The goal of workplace mediation is to improve communication and collaboration in the workplace, and to reduce conflict and improve morale.

Workplace mediation can be an effective tool for resolving disputes, as it allows the parties to have more control over the outcome of their dispute and to come to an agreement that works for everyone.

In Australia, workplace mediation is generally a voluntary process, although in some cases an employer may require an employee to participate in mediation as a condition of their employment or as a step in the company’s dispute resolution process.

In Australia is workplace mediation legally binding?

In Australia, the outcome of a workplace mediation is generally not legally binding, unless the parties agree to make it binding. This means that if the parties are unable to come to an agreement during the mediation process, they may still be able to pursue their dispute through other legal channels, such as litigation or arbitration.

However, the process of mediation itself is generally considered to be legally binding. This means that the parties are required to participate in good faith and to follow the rules and guidelines set out by the mediator. The mediator is also bound by confidentiality, and is not allowed to disclose information about the mediation to anyone outside of the process.

If the parties are able to reach an agreement during the mediation process, they may choose to make the agreement legally binding by signing a settlement agreement or consent order. A settlement agreement is a legally binding contract that sets out the terms of the agreement, and can be enforced by the court if one of the parties does not follow the terms of the agreement. A consent order is a court order that formalizes the agreement, and can be enforced by the court if one of the parties does not follow the terms of the order.

If you are considering participating in workplace mediation and are interested in making the outcome of the process legally binding, you should consider seeking legal advice to help you understand your options and the steps you need to take to make the agreement enforceable.

Consent Orders and Workplace Mediation

Consent orders are court orders that formalize an agreement reached between the parties to a dispute. In the context of workplace mediation, consent orders can be used to make the outcome of the mediation process legally binding.

If the parties are able to reach an agreement during the mediation process, they may choose to have a consent order made by the court to formalize the agreement. To do this, the parties will need to file an application for consent orders with the court, along with a copy of the agreement and any supporting documents. The court will then review the application and, if it is satisfied that the agreement is fair and reasonable, will make the consent order.

Once the consent order is made, it becomes a legally binding court order that can be enforced by the court if one of the parties does not follow the terms of the order. This can provide a level of certainty and protection for the parties, as they can rely on the court to enforce the terms of the agreement if necessary.

If you are considering participating in workplace mediation and are interested in making the outcome of the process legally binding through consent orders, you should consider seeking legal advice to help you understand your options and the steps you need to take to make the agreement enforceable.

The workplace mediation process

The workplace mediation process typically involves the following steps:

Initiation: The parties in the dispute agree to participate in mediation and select a mediator.
Preparation: The mediator meets with each party individually to discuss the dispute and the desired outcome, and to prepare for the mediation session.
Mediation session: The parties come together with the mediator to discuss the dispute and work towards a resolution. The mediator helps the parties communicate and negotiate an agreement that works for everyone.
Agreement: If the parties are able to reach an agreement during the mediation session, the mediator will help them formalize the agreement in a written document, such as a settlement agreement or consent order.
Follow-up: The mediator may follow up with the parties after the mediation session to ensure that the agreement is being implemented and to address any issues that may arise.

It is important to note that the workplace mediation process is voluntary, and both parties must agree to participate in order for it to be effective. The process is also confidential, and the mediator is not allowed to disclose any information about the mediation to anyone outside of the process.

The length of the workplace mediation process can vary depending on the complexity of the dispute and the willingness of the parties to come to an agreement. In some cases, the process may be resolved in a single session, while in others it may take several sessions to reach a resolution.

Who would normally attend workplace mediation?

The parties involved in the workplace dispute and the mediator are typically the only individuals who attend workplace mediation sessions. The parties may choose to bring legal representation with them to the mediation, but this is not required and is not common practice.

In some cases, the parties may choose to bring a support person with them to the mediation, such as a friend, family member, or union representative. The support person is not actively involved in the mediation, but rather provides emotional support and assistance to the party they are accompanying.

The mediator is responsible for managing the mediation process and ensuring that it is conducted in a fair and impartial manner. The mediator does not take sides or make decisions for the parties, but rather helps them communicate and come to an agreement that works for everyone.

It is important to note that the workplace mediation process is confidential, and the mediator is not allowed to disclose any information about the mediation to anyone outside of the process. This means that the parties are able to discuss sensitive or confidential matters in the mediation without worrying about the information being disclosed to others.

Does workplace mediation work?

Workplace mediation can be an effective tool for resolving conflicts and improving communication and collaboration in the workplace. Studies have shown that mediation can be particularly effective in resolving disputes in the workplace, as it allows the parties to have more control over the outcome of their dispute and to come to an agreement that works for everyone.

However, it is important to note that the success of workplace mediation depends on a number of factors, including the willingness of the parties to participate in good faith and to communicate openly and honestly with each other, and the skill and experience of the mediator.

In general, workplace mediation is more likely to be successful if the parties are committed to finding a resolution to the dispute and are willing to put in the effort to communicate and negotiate with each other. It is also important that the mediator is skilled and experienced, as they play a crucial role in facilitating communication and helping the parties reach an agreement.

Overall, while workplace mediation is not always successful, it can be a valuable tool for resolving conflicts and improving communication and collaboration in the workplace.

In Australia, what happens if workplace mediation does not work?

In Australia, if workplace mediation does not result in a resolution to the dispute, the parties may still have other options for resolving the dispute. These options may include:

Continuing mediation: If the parties are unable to reach an agreement during the initial mediation session, they may choose to continue the mediation process in the hopes of reaching a resolution at a later date.
Seeking legal advice: If the parties are unable to resolve the dispute through mediation, they may choose to seek legal advice to understand their options and the likelihood of success if they pursue the dispute through other legal channels, such as litigation or arbitration.
Alternative dispute resolution: The parties may choose to pursue other forms of alternative dispute resolution, such as arbitration or conciliation, in an effort to reach a resolution to the dispute.
Litigation: If the parties are unable to resolve the dispute through other means, they may need to go to court to have the dispute resolved by a judge.

It is important to note that the parties may not be able to pursue their dispute through all of these options, depending on the specific circumstances of the case and the terms of their employment. If you are involved in a workplace dispute and are unsure about your options if mediation does not work, you should consider seeking legal advice to help you understand your rights and options.

In Australia, who pays for workplace mediation?

In Australia, the cost of workplace mediation is typically met by the employer.

The cost of workplace mediation can vary depending on a number of factors, including the complexity of the dispute, the experience and qualifications of the mediator, and the length of the mediation process. Mediators typically charge an hourly rate for their services, and the cost can range from a few hundred to several thousand dollars.

In some cases, workplace mediation may be funded by a government or community organization, or may be provided free of charge by a volunteer mediator. If you are considering participating in workplace mediation and are concerned about the cost, you may want to explore these options or speak to a mediator about your options.

It is important to note that the cost of workplace mediation is typically less expensive than the cost of litigation, as it involves fewer legal fees and expenses. Overall, workplace mediation can be a cost-effective way to resolve disputes, while also improving communication and collaboration in the workplace.

How to prepare for workplace mediation

Here are some tips for preparing for workplace mediation:

Understand the purpose of mediation: It is important to understand that the purpose of mediation is to facilitate communication and negotiate a resolution to the dispute. Mediation is not a legal proceeding, and the mediator does not take sides or make decisions for the parties.
Identify your goals: Before the mediation session, take some time to think about what you hope to achieve through the mediation process. What are your main concerns and what do you want to see happen as a result of the mediation?
Gather information: If you have any documents or other information that you think will be relevant to the mediation, gather them together and bring them with you to the session. This may include emails, notes, or other written communication related to the dispute.
Practice active listening: Mediation is a communication-based process, and it is important to listen actively and try to understand the other party’s perspective. Be prepared to listen carefully and to ask questions if you are unclear about something.
Be open to compromise: Mediation is about finding a resolution that works for everyone, and this often requires some level of compromise. Be prepared to consider the other party’s perspective and to be open to finding a mutually acceptable solution.
Seek legal advice: If you are unsure about your rights or are concerned about participating in the mediation process, consider seeking legal advice to help you understand your options and the steps you need to take to protect your interests.

Overall, preparing for workplace mediation involves understanding the purpose of the process, identifying your goals, gathering relevant information, practicing active listening, and being open to compromise. By following these tips, you can help ensure that the mediation process is productive and successful.

At Mediations Australia, whether you are an employee or employer, we can assist with workplace mediation in Canberra, Perth, Adelaide, Melbourne, Sydney, Brisbane and all other locations in Australia. Get legal advice from us today!

Workplace Mediation