Workplace & Employment Mediation

Independent, Confidential and Effective Resolution of Workplace Disputes

Workplace Consensus provides independent workplace and employment mediation services to help organisations resolve conflict early, restore working relationships, and avoid the cost, time and disruption of formal procedures or employment tribunal claims.

Led by an experienced City solicitor and former Employment Judge, our mediation services are trusted by employers, HR professionals and senior leaders seeking a practical, impartial and legally informed approach to workplace dispute resolution.

For further information on our mediation service, please contact us.

What is Workplace Mediation?

Workplace mediation is a confidential and voluntary process in which an independent mediator helps individuals who are having communication difficulties or who are in conflict reach a mutually acceptable resolution. It is particularly effective where working relationships have broken down or where formal grievance or disciplinary procedures risk escalating matters unnecessarily.

Workplace mediation focuses on:

• Improving communication
• Clarifying misunderstandings
• Exploring practical solutions
• Rebuilding professional relationships

Unlike formal processes, mediation is non-adversarial, flexible and focused on future working arrangements rather than blame.

For further information on our mediation services, please contact us.

When is Workplace Mediation Appropriate?

Workplace mediation can be used at any stage of a workplace issue and is often most suitable when introduced early. It is particularly helpful where working relationships have become strained or have broken down and there is a willingness to address concerns constructively.

Workplace mediation is suitable in a wide range of situations, including:

• Ongoing conflict or tension between colleagues
• A breakdown in the working relationship between a manager and an employee
• Difficulties relating to communication, conduct or performance
• Concerns or allegations of bullying or harassment, where appropriate
• A grievance that has not yet become entrenched
• A wish to resolve matters informally and avoid escalation
• A need to preserve or repair an ongoing working relationship
• Return to work after prolonged absence

Mediation can also be used alongside, or after, formal processes have begun, provided all participants are willing to take part and the process is suitable in the circumstances.

Guidance on the use of workplace mediation

 To maximise the benefits of workplace mediation, it is helpful if:

• Participation is voluntary, including where participants are encouraged by their employer to engage
• There is a genuine willingness to explore resolution and work collaboratively
• The process can be conducted safely and fairly
• Participants come prepared to engage openly while respecting confidentiality

While mediation is suitable in the majority of workplace disputes, it may not be appropriate in rare cases where:

• There are serious safeguarding concerns
• Allegations involve criminal conduct
• One or more parties are unwilling to engage in good faith

Where mediation is not suitable, we will advise accordingly and can advise organisations about alternative options, including investigations or targeted training.

Detailed Guidance

A more detailed explanation of how workplace mediation works, including what participants can expect at each stage, is available in our Workplace Mediation Guidance Note.

This guidance provides step-by-step information on the process, pre-mediation preparation, private and joint sessions, and follow-up support to help participants achieve positive outcomes.

Arranging a Mediation

I want to make the mediation processes as simple and as accessible as possible. 

My Guidance Note on Organising a Civil or Commercial Mediation provides information on the following:

• Selecting a mediator
• Choosing a mediation venue
• The Mediation Agreement.

Guidance Note - Organising a Mediation

Preparing for Mediation

Preparation is key to a successful mediation; the better you prepare the more likely you are to reach a settlement.

The Guidance Note on Preparing for a Mediation (Civil) provides information on the following:

• Mediation bundles (paperwork)
• Written position statements
• Preparing your opening statement
• Pre-mediation conversations with the mediator

Please contact us if you have any further questions on what you need to do to prepare for your mediation.

Mediation Day

I want to ensure that the mediation day goes smoothly and does produce any surprises for you.

The Guidance Note on The Mediation Day (Civil) provides information on the following:

• Arrival and settling in
• Opening joint session
• Private (caucus) sessions
• Concluding the Mediation

Please contact us if you have any further questions on how the mediation day will proceed.

Employment Mediation

Employment mediation generally takes place when the employment relationship has ended and a dispute exists between the employee and the employer.  This will often be in the form of a claim or potential claim in the employment tribunal or, in some cases, in court.  Employment mediations usually take place over the course of one day.  

My 20 years’ experience as a City employment solicitor and employment judge gives me a unique perspective on employment disputes. I mediate all types of employment and discrimination dispute, including:

• Breach of contract claims
• Compromise agreement disputes
• Data protection
• Discrimination / harassment
• Redundancy payments
• References
• Restrictive covenants and confidentiality
• Shareholder disputes
• TUPE 
• Unfair dismissal

Details about how to prepare for an employment mediation and a summary of what to expect at an employment mediation can be found in the attached guidance note.  Remember that preparation is key to a successful mediation; the better you prepare the more likely you are to reach a settlement.

Guidance Note - Preparing for an employment mediation

Guidance Note - The Mediation Day

Online Mediation

The use of online mediation became very popular throughout the Pandemic and I continue to offer this service in cases where face to face mediation is difficult. 

Although the concept of online mediations may be unfamiliar to some, I have found that they work well and the systems I use are easy to use and access.

I am happy to use either Zoom or Teams with both platforms allowing for a normal online meeting together with private 'breakout' rooms for the participants.  These 'breakout' rooms closely simulate the private meeting room arrangements of a face-to-face mediation as different parties and their representatives can be brought together and can ‘meet’ privately with the mediator in their private 'breakout' rooms. 

For more information, please contact us.