Dispute resolution in the workplace
Disputes in the workplace can be damaging for everybody involved, so they should be resolved quickly and fairly.
Our Dispute Resolution Centres have trained and accredited mediators to help everyone involved in a workplace dispute (including managers, employees and unions) reach a mutually agreed outcome—including managers, employees and unions.
Difference between facilitation and mediation
Mediation usually involves disputes between individuals or an individual and an organisation.
In contrast, facilitation usually involves larger-scale disputes with several parties, an organisation, a department, or an entire community.
Facilitation can also help manage a situation to prevent future disputes. Organisations may use facilitation if they’re discussing major changes and need a neutral facilitator to guide the discussion.
Read more about facilitation.
Disputes suitable for mediation
All kinds of workplace disputes are suitable for mediation, including:
- conflict between 2 or more workers
- disputes involving entire workplaces
- disputes between management and employees.
We may also be able to assist after you have followed formal management action to resolve a grievance. The formal resolution of a complaint doesn’t always lead to the end of workplace conflict.
Our mediators
Mediators act impartially to clarify issues, keep discussion on course and ensure that all sides have the chance to speak. They don’t represent one side or the other, as solicitors do, or judge how the dispute should be resolved. There are usually 2 mediators present during a workplace facilitation.
Mediators have received training that is practical and comprehensive including understanding of people’s right to have a say in issues that affect their lives. This enables mediators to deal successfully with a wide range of matters. When participants reach an agreement, mediators can put it in writing so that everyone is clear about the expectations and the next steps for each party.
Benefits of our mediation service
There are several benefits of our mediation over in-house mediation:
- neutrality—mediators are neutral and impartial
- confidentiality—the discussion can be free and frank
- privilege—no information disclosed during the mediation or documents prepared for it can be used as evidence in court.
Any agreement reached at a mediation session with the Dispute Resolution Branch, is not legally enforceable unless the parties agree in writing that it will be. Participating in a mediation does not affect any other rights the parties have to seek other legal remedies.
Arranging mediation
Usually, a manager or human resource management unit will contact their local Dispute Resolution Centre, either as an alternative to starting a formal complaint process, or where an investigation process has been unable to reach a satisfactory conclusion. There are Dispute Resolution Centres in Brisbane, Townsville, Cairns, Rockhampton, Mackay and Hervey Bay and each centre has a panel of mediators working from these offices.
Contact a Dispute Resolution Centre near you to discuss your particular needs.