Most failed workplace mediations did not fail in the room. They failed in the document — because what got written down was a description of goodwill rather than a set of things people would actually do. “Both parties agree to communicate more effectively and treat each other with respect” is worth nothing at all.
Why Vague Terms Fail
An agreement about attitude cannot be followed, cannot be checked, and cannot be raised by either person if it slips — because raising it requires accusing the other of a failure of character rather than pointing at something specific. Six weeks later, one person believes the arrangement is working and the other believes nothing has changed, and neither can demonstrate anything. Concrete terms avoid all of that: a fifteen-minute check-in each Monday with priorities confirmed by email afterwards; work allocated at that meeting rather than reassigned midweek without notice; feedback given in person rather than by email; disagreement raised at the time rather than accumulated and produced later; both parties copied on communications to the wider team; the manager giving two working days’ notice of any change to an agreed deadline. Every one of those is observable, and either party can point to it without characterising the other. That is the whole test: could a third party tell whether this was done?
What Else Belongs In It
Beyond the working arrangements, four things earn their place. What is said to colleagues — agreed by both, in advance, because the alternative is that everyone improvises on the first morning and gets it wrong, and because in most workplaces the team has noticed and formed views. What is put behind both parties: an express statement that specified past matters are closed and will not be raised again, which is often what allows people to move at all. What happens if it slips — who is told, how quickly, and whether the parties speak directly or through a named person — because the first breach is the moment agreements either get repaired or abandoned. And a review point, some weeks or months out: a short conversation, usually separately with each person, testing whether the arrangement was followed, whether the behaviour changed, and whether anything needs adjusting. Knowing a review is coming changes conduct during the intervening period, which is half its value. Note what does not belong: findings about the past, admissions, apologies extracted as terms, or anything about who was right. And where money, a role change or a departure features, that gets documented properly with everyone advised — exits are a different exercise entirely.
Keep it short. A workplace agreement that runs to four pages will not be read again by anyone. One page of specific commitments that both people can recall without looking is worth considerably more than a comprehensive document that lives in a drawer.
The full process is here, or ring 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.
The mediator is not your legal adviser. Where Mary Molloy Solicitors is appointed as mediator, the mediator is neutral: the mediator acts for no party, advises no party, makes no findings and decides nothing. This is so regardless of which party is paying the fee. All participants are encouraged to take independent legal advice, and in particular to take advice before signing any agreement reached in mediation. Employees may wish to seek advice from their own solicitor or trade union. The firm does not act as mediator in any matter in which it acts, or has acted, for a party — conflicts are checked before any appointment is accepted.
Mediation is not a substitute for a required process. Some matters must be investigated rather than mediated, including allegations of serious misconduct, matters engaging health and safety duties, and protected disclosures. Nothing on this site suggests that mediation should displace an employer’s statutory obligations, a grievance or disciplinary procedure where one is required, or a complainant’s entitlement to have a complaint formally investigated or to bring proceedings.
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