Workplace mediation is a voluntary and confidential process where a trained mediator supports employees to discuss issues in a safe, structured environment. The goal is to help parties reach a mutually acceptable resolution and restore effective workplace relationships.

In most workplace mediations, a support person does not act as an advocate. Their role is to provide emotional support rather than speak on your behalf.

However, in special circumstances, advocacy may be discussed and agreed with the mediator in advance. Participants are encouraged to negotiate this at the start of the process.

Support persons may:

• Ask questions about the mediation process
• Request breaks so you can consult with them during the session

Employees can be requested or directed to attend workplace mediation as part of conflict resolution efforts.

If an employee refuses to participate, the employer should:

• Understand and assess the reason for refusal
• Determine whether the refusal is reasonable

If refusal continues without reasonable grounds, the employer may need to consider alternative actions such as formal performance management or disciplinary processes.

Support people may attend workplace mediation only in agreed circumstances.

Generally, their attendance is:

• Not recommended unless there are specific needs or circumstances
• Subject to approval by the mediator and agreement from all parties

If approved, a support person should:

• Ideally be external to the organisation (e.g. family member, friend, counsellor, union representative, or advocate)
• Not be a direct manager, team member, or colleague involved in the dispute
• Respect confidentiality and mediation ground rules

Additional options include having a support person:

• Available by phone
• In a separate room during mediation

Workplace mediation is typically encouraged but not legally mandatory in many situations.

However, refusing to participate in mediation—particularly when workplace conflict is ongoing—may limit resolution options. In some cases, employers may proceed with formal processes such as:

• Performance management
• Disciplinary procedures
• Workplace investigations

Mediation is often a preferred first step because it can prevent escalation and resolve issues early.

While there is a cost associated with engaging a qualified workplace mediator, unresolved workplace conflict is often significantly more expensive in the long term.

Escalated conflict can lead to:

• Reduced productivity
• Increased absenteeism
• Staff turnover
• Legal or industrial claims

Workplace mediation is generally viewed as a cost-effective investment in preventing larger organisational risks.

When selecting a workplace mediator, consider asking:

• What qualifications or accreditation do you hold?
• How much workplace mediation experience do you have?
• What is your approach or mediation process?
• Are you familiar with relevant industrial relations laws?
• What outcomes can we reasonably expect?
• What support do you provide to organisations during and after mediation?

Choose a mediator whose experience, approach, and communication style best suits your organisation’s needs.

Workplace mediation can be used at any stage of a workplace issue, including:

• Early-stage conflict before a formal complaint
• After a workplace investigation or formal process
• When communication has broken down but parties still need to work together

It is most effective when introduced early, before issues escalate further.

A qualified workplace mediator brings structure, neutrality, and expertise to conflict resolution.

Untrained facilitation can:

• Escalate tensions unintentionally
• Increase the risk of complaints or claims
• Fail to resolve underlying issues

Professional mediation helps ensure the process remains fair, safe, and solution-focused for all participants.

Yes. A participant may bring a support person to private or individual meetings with the mediator.

However:

• The support person should ideally be independent of the workplace team
• Their role is emotional support, not workplace representation
• Confidentiality must be maintained at all times

Yes, but only if:

• Both participants agree
• The mediator approves their involvement

Alternative arrangements may include:

• The support person waiting in a separate room
• Being available by phone during breaks

Either party may request a break at any time, and mediation can be paused or ended if needed.

Yes. In workplace mediation, all parties must agree to the presence of any support person.

Consent applies equally to both participants. If both agree, multiple support persons may attend where appropriate.

Support persons must:

• Maintain confidentiality
• Follow mediator directions
• Not participate in the discussion unless permitted