Dispute resolution in the workplace

Disputes in the workplace can be damaging for everybody involved. It is in everyone's interests to resolve them quickly and fairly. Our dispute resolution centres have trained skilled mediators who help everyone involved in a workplace dispute— managers, employees or unions— to reach a settlement that satisfies everyone.
 
Mediators act as an impartial third party, clarifying the issues, keeping the discussion on course, and making sure that all sides get a chance to make their point. There are usually two mediators present.
 
Our centres can also help workplaces develop systems that actively prevent or manage conflict in the workplace.

Disputes suitable for mediation

All kinds of workplace disputes are suitable for mediation, such as conflict:

• between two or more workers involving entire workplaces
• between management and employees

Our dispute resolution centre may also be able to help following formal management action to resolve a grievance. Formal resolution of a complaint (investigation, etc.) does not always lead to the end of workplace conflict.

We carefully assess each referral to make sure that it is suitable for mediation before going ahead.

Arranging mediation

Usually a manager or human resource management unit contacts a dispute resolution centre first. This can be either instead of starting a formal complaint process, or where an investigation has not been able to reach a satisfactory conclusion.

Employees can contact us directly to start mediation rather than use a more formal process, such as organisational grievance procedures or lodging a complaint with the Anti-Discrimination Commission Queensland .

Employers are increasingly responsible for the physical and mental health of workers. There can be great productivity losses from unresolved conflict, so employers also benefit from having happy and healthy employees.

Resolving disputes

Our mediators do not give advice to participants or pass judgement on how the dispute should be resolved. Their role is to concentrate on the process, while the parties to the dispute concentrate on the details. When an agreement is reached, mediators put it in writing so that everyone is clear about its terms.

Our mediators

Mediators don’t have to be experts in industrial law. They are do not represent one side or the other, as solicitors do. They do not act as judges either.

Their responsibility is to clarify the points that are raised in order to help the participants to reach a solution themselves.

The training that mediators receive is practical, comprehensive, and grounded in a respect for people’s right to have a say in the issues that affect their lives. This training enables the mediators to deal successfully with a wide range of matters.

Benefits of using our mediators over in-house mediation

• neutrality - our mediators are neutral and impartial
• confidentiality - parties are protected from defamation action and so the discussion can be free and frank
• privilege - no information disclosed during the mediation, and no documents prepared for it, can be used as evidence in court

The law includes these protections in case the mediation fails to resolve the dispute. Either party can then take further action without the mediation affecting the outcome. If an agreement was made legally binding, only the legally drafted agreement itself could be used as evidence. Everything that was said or done during the mediation process would remain inadmissible in court.