Workplace Mediation

Resolve workplace conflict — before it becomes a tribunal claim.

Independent, barrister-led workplace mediation for grievances, bullying complaints and manager-employee breakdowns. Confidential, without prejudice, and usually resolved in a single day.

Workplace mediation is a structured, confidential conversation between colleagues, facilitated by an independent mediator. It is designed to repair working relationships and produce a written agreement about how the parties will work together going forward — without the delay, cost and reputational risk of a formal grievance, disciplinary process or employment tribunal claim.

Clerk&Counsel arranges accredited mediators — most also practising employment barristers — for employers, HR teams, in-house counsel and individual employees across the UK. Every mediator on our panel understands both the human dynamics of workplace conflict and the legal backdrop against which unresolved disputes are likely to play out.

Mediation is used at every stage: alongside informal conversations, as part of a grievance procedure, during ACAS early conciliation, or after a tribunal claim has been issued. The earlier it is used, the more relationships can be preserved — but even late-stage mediation of a pending tribunal claim frequently settles matters on terms both sides can live with.

When it works

Cases workplace mediation resolves well.

Workplace mediation is most effective where the parties will continue to work together, or where a clean exit needs to be negotiated without a public dispute. The mediator focuses on what has broken down, what each party needs going forward, and what practical steps will get the working relationship — or the parting of ways — onto a workable footing.

  • Manager-employee relationship breakdowns.
  • Bullying and harassment complaints where a formal investigation has not resolved the underlying dynamic.
  • Peer-to-peer conflict in small teams affecting productivity or wellbeing.
  • Return-to-work agreements after sickness absence linked to workplace stress.
  • Post-grievance restoration — where the outcome is accepted but relationships remain fractured.
  • Pre-exit negotiations, often alongside a Settlement Agreement.
The process

How a workplace mediation is set up.

The mediator holds a short pre-mediation call with each participant — typically 30–45 minutes — to understand the background, explain the process and check that mediation is the right route. A joint session then runs on an agreed date, usually 2–4 weeks out, either at the employer's premises, a neutral meeting room or remotely.

The mediation day itself moves between joint sessions and private caucus. It ends either with a signed written agreement — covering communication protocols, behaviours, review periods, and any practical adjustments — or, occasionally, with an agreed decision not to proceed. Most workplace mediations conclude within a single full day.

Legal framework

How mediation sits with grievance, ACAS and tribunal processes.

The ACAS Code of Practice on Disciplinary and Grievance Procedures expressly encourages mediation, and tribunals expect employers to have considered it. Using an external mediator does not pause statutory time limits — ACAS early conciliation and tribunal deadlines continue to run — so mediation is usually run alongside, not instead of, those steps.

Any settlement reached that compromises statutory employment claims must be recorded in a valid Settlement Agreement under section 203 of the Employment Rights Act 1996, with independent legal advice for the employee. We can arrange that alongside the mediation if required.

Brief us

Book a workplace mediator this month.

Tell us the shape of the dispute — number of participants, timescale, whether a grievance or tribunal claim is live. We come back within one working day with two suitable mediators, dates and a fixed fee.

FAQ

Common questions.

What is workplace mediation?

Workplace mediation is a confidential, voluntary process in which an independent mediator helps two or more colleagues resolve a conflict at work. It is typically used for grievances, bullying and harassment complaints, manager-employee breakdowns, and team disputes — often as an alternative to a formal grievance or disciplinary process, or once one has stalled.

When should HR bring in an external mediator?

Where the conflict has escalated beyond informal resolution, where an internal HR mediator would be seen as insufficiently neutral (a senior director, a small team, a claim naming HR itself), or where a formal grievance is pending. External mediation is also useful ahead of an ACAS early conciliation deadline or where a tribunal claim is being contemplated.

Is workplace mediation confidential?

Yes. Anything said in the mediation is without prejudice and cannot be used in any later grievance, disciplinary or tribunal process, except the written settlement agreement itself. The mediator will sign a confidentiality agreement with the employer and each participant.

What happens if mediation fails?

The parties revert to whatever process would otherwise apply — the grievance procedure, disciplinary process, or, in some cases, tribunal proceedings. Nothing said in the mediation can be referred to, and the mediator cannot be called as a witness.

Who pays and how much does it cost?

The employer usually pays the mediator's fee. Fixed fees start around £900+VAT for a half-day two-party mediation, rising for multi-party team interventions or full-day sessions. We quote in writing before the booking is confirmed.

Can workplace mediation be done remotely?

Yes. Remote mediation via Zoom or Teams is now standard and often preferred for shift workers, hybrid teams, or where one party would find being in the same building difficult. In-person mediation remains available at your office, a neutral venue, or chambers.