Almost every Irish dignity at work policy instructs that informal resolution be attempted first. Almost none of them says by whom, how, or what happens to time limits — so managers fall back on the only two documented options they have, which are doing nothing and going formal, and the gap between those is where resolvable situations become claims.
What the Clause Should Actually Say
Eight elements, none of them long. Who can propose it — the employee, the person complained of, a manager, or HR — so that proposing is not itself an act requiring courage. That it is voluntary for both sides, and that declining is not misconduct, will not be recorded adversely and will not be held against anyone. Who provides it: an internal scheme, an external mediator, or either depending on the matter — with external used where seniority, HR involvement or perceived institutional alignment makes an internal mediator unsuitable. What pauses while it runs, and expressly that policy time limits are suspended or extended, and by whose authority. What is recorded: ordinarily the fact of the mediation and the agreed way forward, and nothing else — not what was said, not who was cooperative, no report to the employer on the merits. That it waives nothing: no complaint is withdrawn, no right is given up, and the formal route remains fully available. What it never displaces — the exclusions, listed plainly. And a review point as a standard feature rather than an afterthought.
The Exclusions Belong in the Policy Too
A policy that offers mediation without stating its limits invites the mistake it should prevent. Write them in: mediation is not used where allegations amount to serious misconduct, where there is any potential criminal dimension, where a complaint concerns harassment on discriminatory grounds or sexual harassment, where a health and safety concern arises, where a protected disclosure is involved, where multiple complainants allege the same conduct against one person, where anyone is genuinely afraid of the other, or where the complainant wants a formal investigation — to which they are entitled. Stating those in the policy protects the organisation twice: it prevents a manager reaching for mediation to avoid a difficult process, and it demonstrates, if the matter is ever examined, that the employer understood the distinction rather than defaulting to whatever was least disruptive. Two further practical points. Train the managers, at least to the level of recognising which category a complaint falls into and knowing to ask rather than improvise — most damage in this area is done in the first conversation after a complaint is raised. And get it in before you need it: writing a mediation step into a policy while nothing is happening takes an afternoon; trying to introduce one during a live dispute looks exactly like what an employee will assume it is. More on how it interacts with existing procedures.
For public sector and unionised employers: agree the clause with union representatives rather than inserting it. A mediation step that representatives understand and endorse is one their members will actually use — and their reassurance about voluntariness and confidentiality carries far more weight with an employee than the same words from an employer.
Reviewing a dignity at work policy or handbook? 01 5827148.
Richard O’Shea — Solicitor & Mediator
Solicitor at Mary Molloy Solicitors (established 1981) and holder of the Law Society of Ireland Diploma in Mediation. The firm also runs a substantial employment practice, which is why the honest sorting question — whether a situation needs a mediation or an investigation — gets answered at the first call rather than halfway through. Workplace mediations are conducted on site, at neutral venues, at The Ormond Building on Ormond Quay, at the Kilkenny office — or fully online. The mediator is appointed by both sides and acts for neither. 01 5827148 · richardoshea@marymolloysolicitors.com · LinkedIn
General information, not legal advice. This website contains general information about workplace mediation and Irish law. It is not legal advice and does not create a solicitor—client relationship. Every workplace situation turns on its own facts, and advice on yours requires a consultation.
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