What workplace disputes can be mediated?
Workplace mediation is available for both individual disputes and broader team conflicts. Common matters we resolve include:
- Unfair dismissal and termination disputes — early resolution before or during a Fair Work Commission process
- Bullying and harassment complaints — confidential resolution that doesn't force parties through a formal investigation
- Discrimination and equal opportunity complaints — resolving complaints made under the Fair Work Act or state anti-discrimination legislation
- Employment contract disputes — entitlements, notice, restraints of trade, commission disagreements
- Interpersonal conflict — two colleagues or a manager and direct report whose working relationship has broken down
- Restructure, redundancy and return-to-work — where the process has generated conflict that needs resolution alongside the HR process
- Senior executive and partnership disputes — board-level or equity partner conflicts where discretion is paramount
Why resolve workplace disputes early?
Because workplace conflict is contagious and expensive. Research consistently shows that unresolved conflict between two people spreads — teams choose sides, productivity falls, and good people leave. By the time a matter reaches the Fair Work Commission or an employment tribunal, both the direct cost (legal fees, management time, potential orders or settlements) and the indirect cost (damaged morale, reputational risk, recruitment) are substantial.
Early mediation contains the cost and keeps the matter private. For employers, it's effective risk management. For employees, it's a fair, confidential hearing without a drawn-out formal process that can feel like a career risk in itself.
| Early workplace mediation | Fair Work Commission | |
|---|---|---|
| Timing | Immediately — at any point in the dispute | After dismissal or formal complaint; strict time limits apply |
| Confidential | Yes — without prejudice | Generally no — on the public record |
| Who controls the outcome | The parties | A commissioner or arbitrator |
| Can preserve the working relationship | Yes — that's the goal | Rarely — adversarial by design |
| Typical timeframe | 1–2 sessions over days to weeks | Months to years |
| Typical cost per party | Fixed, shared | Legal representation costs + time |
How does workplace mediation work?
- Initial assessment — we speak with the parties (or the employer coordinating the process) separately to understand the issues and confirm mediation is appropriate
- Preparation — each party is briefed on the process, what to expect, and how to prepare
- Joint session — the mediator facilitates a structured conversation where each side is heard, issues are identified, and options explored
- Shuttle (if needed) — where parties can't be in the same room, the mediator moves between them
- Agreement — practical outcomes are documented and can be made binding (typically as a deed of settlement or workplace agreement)
All discussions are conducted on a 'without prejudice' basis — what is said in mediation generally cannot be used in later legal proceedings. This lets both parties speak openly about the real issues rather than playing a defensive legal game.
What if an unfair dismissal application has already been filed?
No problem. The Fair Work Commission itself offers a conciliation process for many unfair dismissal claims — and many parties also choose private mediation alongside or instead of the FWC process because it offers more flexibility and confidentiality. We work with whatever stage the dispute has reached.
Who typically engages workplace mediation?
Either party can initiate — the employer or the employee. In practice, employers initiate most workplace mediations once they recognise a conflict is escalating and want to contain it. Employees often request mediation when they want a fair hearing without the risk and expense of a formal complaint or legal claim. HR teams frequently recommend it as the appropriate first step before any formal process begins.
Can the outcome be made legally binding?
Yes. Any agreement reached in workplace mediation can be documented as a deed of settlement, which is a legally binding contract. The deed records what was agreed — which might include an apology, a change in working arrangements, a payment, a reference, or simply a commitment to a working protocol. The terms are confidential (unlike a court order or FWC determination) and tailored to what actually resolves the dispute. See what mediation costs →