How a Workplace Mediation Works

First call to review point — including the answer to the question everyone actually wants answered.

The question people most want answered is the one they are least likely to ask: do I have to sit in a room with them? No — not unless and until you agree to. Workplace mediation is built the opposite way round to what most people imagine.

Before: Sorting, Conflicts, and the Terms

The first call does the sorting. Before anything else it establishes whether this is a mediation at all or a situation that needs a process making findings — and the exclusions are applied honestly rather than after an engagement letter. The conflicts check runs before any substantive discussion, which is why the names of everyone involved and the employer entity come first. Then the agreement to mediate, signed by everyone, and in workplace matters it carries more weight than in commercial ones because it answers the three fears that stop people participating: it states that the mediator is neutral, acts for no party and makes no findings regardless of who pays; that participation is voluntary and declining to agree an outcome is not misconduct and will not be held against anyone; that participation and anything said cannot be used in performance management or appraisal; exactly what is recorded and what may reach a personnel file — ordinarily the fact of the mediation and the agreed way forward, and nothing else; that no right is waived and no complaint withdrawn by attending; and that everyone is encouraged to take their own advice. Support people and representation are also agreed here, symmetrically, because a participant who discovers on the day that the other side has brought a representative will reasonably feel ambushed.

Individual Sessions, the Joint Session (or Not), and the Review

Individual meetings come first, always, and more than one with each person is normal. This is where most of the work happens: people say entirely different things when nobody is watching, and someone who has never actually been listened to about this usually needs that before they can think about arrangements. The mediator listens, then tests — what would need to change for this to be workable, what does the other person’s position look like from here, what happens to you if nothing changes. Only afterwards does anyone decide whether a joint session helps, who is in it and what it is for, and that decision is made with the participants. Some mediations conclude with no joint session at all, arrangements agreed through the mediator — a legitimate design, not a failure. The agreement is short, concrete and forward-looking: how communication works, reporting arrangements, specific behaviours on each side, meeting and handover protocols, what is said to colleagues, what is put behind both parties, what happens if it slips. Vague terms fail, so “relations will improve” never appears. Everyone is encouraged to take advice before signing. Then the review point, built in from the start — a short separate conversation with each person some weeks later testing whether the arrangement was followed, whether the behaviour changed, and whether anything needs adjusting. It matters more than its length: knowing a review is coming changes conduct in the intervening weeks, and where a workplace agreement is going to fail it usually fails quietly in the first six weeks, unnoticed until it has failed completely. Elapsed time overall is typically a few weeks — against months for a formal investigation.

Want to Know What It Would Look Like for Your Situation?

The design comes back after ten lines and the names of everyone involved - who would be seen, in what order, whether a joint session helps, and what would be recorded.

Call 01 5827148

Related Reading

The Process - FAQs

Not unless and until you agree to. Workplace mediation is built the opposite way round to what people imagine: individual meetings come first, always, and more than one with each person is normal. Only after those does anyone decide whether a joint session would help, who would be in it, and what it would be for - and that decision is made with the participants, not for them. Some workplace mediations conclude without any joint session at all, with arrangements agreed through the mediator, and that is a legitimate design rather than a failure. If a face-to-face meeting would make things worse, it does not happen.

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.

Fees. Fees for mediation are agreed in writing before the mediation begins, and fees for legal services are agreed in writing with the client at the outset. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Tax. Nothing on this website is tax advice. Where any payment or arrangement has tax consequences, those questions belong with your accountant or tax adviser and with Revenue’s own guidance, and are best addressed before anything is signed.