Can Workplace Mediation Help When an Employee Has Raised a Grievance?
By Laricelle Fouchee, Fouchee Mediation
“We have received a formal grievance. Is it too late to consider workplace mediation?” No. Mediation may still help where there are working relationships to repair and people are willing to participate. However, it must be considered alongside fair handling of the grievance, rather than used to avoid investigating concerns or making necessary decisions. The starting point is understanding what has been raised and what each person needs.
For HR professionals, line managers and employment lawyers, a grievance can create an immediate sense of urgency. There is a complaint to acknowledge, a procedure to follow and often a strained relationship to manage. People may still need to work together while feeling anxious, defensive or uncertain about what happens next.
A formal process can establish findings and determine an organisational response. There may also be a separate question: how will these people communicate and work together afterwards?
Does a formal workplace grievance rule out mediation?
Acas guidance recognises that mediation can be considered at any stage of a grievance procedure, provided both sides agree. It also makes clear that employers should follow a formal procedure when a formal grievance is raised. These are complementary considerations: exploring mediation does not make the grievance disappear.
The practical task is to identify what mediation could usefully address. A disagreement about responsibilities might involve both a management decision about roles and a conversation about how colleagues treat each other. Resolving one does not automatically resolve the other.
Before suggesting mediation, ask: “What requires an organisational decision, and what might the people involved be able to work through together?” That distinction helps avoid unrealistic expectations.
What can workplace mediation help with?
Workplace mediation provides an impartial setting for people to discuss difficulties and explore workable arrangements before, during or following a grievance. Its focus is on understanding concerns and improving future working relationships, rather than determining whether an allegation is proven. Acas describes its role in addressing relationship breakdowns and supporting people after grievance or disciplinary processes.
For example, colleagues may need to discuss how feedback is given, how work is handed over or how disagreements are raised without public criticism. An employee and manager may need clearer expectations about meetings, communication and decision-making.
The outcome need not be friendship or agreement about every past event. A useful result might be a realistic arrangement that allows people to work respectfully, understand boundaries and raise concerns sooner.
When should a formal response take priority?
Mediation is not suitable for every grievance. Serious allegations may require investigation, protective measures or specialist advice. CIPD guidance identifies serious harassment complaints as situations best addressed through formal procedures.
Avoid reducing allegations of discrimination, harassment or misconduct to a “personality clash”. Consider the substance of the concern, any ongoing risk and the organisation’s responsibilities before deciding whether a relationship-focused conversation is appropriate.
It is also important to distinguish willingness from pressure. Someone may agree because they fear being labelled uncooperative. A manager may attend expecting an apology or withdrawal of the complaint. Those expectations need exploring before a joint meeting is arranged.
How do you introduce mediation without dismissing the grievance?
The invitation matters. “We think you should mediate instead” may leave an employee feeling that the organisation wants the complaint to go away. Begin by acknowledging the concern and explaining the formal next steps.
You could then say:
“We are taking the issues you have raised seriously. Separately, we would like to explore whether independent mediation could help with the working relationship. You would have an opportunity to understand the process before deciding whether to participate.”
Allow space for questions. Explain who the mediator is, what their role involves and how an initial conversation would work. Avoid presenting mediation as a test of someone’s reasonableness or commitment to the organisation.
What if there is a power imbalance?
A grievance involving a line manager needs particular care. The employee may worry about future opportunities, performance assessments or day-to-day treatment. The manager may feel that their authority or professional reputation is under challenge.
These concerns should inform the suitability assessment. Separate initial conversations give each participant an opportunity to discuss what they would need to engage meaningfully. Consider communication needs, accessibility, appropriate support and whether the proposed arrangements allow people to speak freely.
An external mediator may help where internal impartiality is questioned. Independence alone, however, does not make every situation suitable. The process must be workable for the individuals involved.
An illustrative example: the complaint and the relationship
Consider an employee who raises a grievance about repeated public criticism from their manager. The manager believes they have been addressing missed deadlines. The employee feels undermined and has stopped asking questions because they expect another uncomfortable exchange.
The organisation needs to assess the complaint properly. Mediation would not determine whether the manager’s conduct breached policy or what formal action should follow.
If appropriate, a separate mediated conversation could explore how feedback is delivered, how deadlines are agreed and how concerns are discussed privately. The employee might explain the impact of being challenged in front of colleagues. The manager might describe difficulties obtaining updates.
Possible agreements could include private feedback meetings, written confirmation of priorities and a clear route for flagging delays. These arrangements would address future working practices without requiring either person to abandon the formal issues.
Should the grievance procedure be paused?
Do not assume that arranging mediation automatically pauses the grievance process. Before changing any timetable, HR should consider the applicable procedure, the circumstances and any necessary legal advice. Any agreed arrangements should be explained clearly, with responsibilities and review dates recorded.
Participants need to understand what happens while mediation is being explored and what happens if it does not proceed. An open-ended delay can create further uncertainty and undermine confidence in both processes.
Employment lawyers can help clients understand the procedural and legal implications. Parties should not assume that internal discussions or mediation alter external legal deadlines; any relevant deadlines require separate advice.
What should HR and legal advisers do?
HR can help establish a suitable referral, explain organisational procedures and coordinate practical arrangements. Line managers may need guidance on maintaining respectful working arrangements while concerns are addressed.
Legal advisers can help their clients understand options and implications. The mediator’s role remains different: supporting impartial dialogue rather than advising either participant or directing the employer’s response.
Agree the boundaries at the outset. What background information is relevant? Who needs to know that mediation is taking place? What information, if any, will be shared afterwards? Clear expectations reduce the risk that someone anticipates a report or recommendation the mediator has not agreed to provide.
What happens if someone declines mediation?
Ask whether there are questions or concerns that have not been addressed. The person may misunderstand the process, worry about speaking openly or feel that the timing is wrong.
Give them information without repeatedly pressing for agreement. Participation needs to be voluntary. If mediation does not proceed, the organisation still needs a fair response to the grievance and appropriate working arrangements.
It may be useful to revisit relationship support later, but a refusal should not become a shortcut to assumptions about someone’s motives. Focus on what can properly be done next.
What if mediation does not produce an agreement?
An agreement cannot be guaranteed. People may clarify their concerns without reaching a shared position, or decide that another response is needed.
Before mediation begins, establish confidentiality arrangements and their limits, including what can be communicated outside the process. Afterwards, follow those arrangements rather than seeking an account of who was “difficult” or what concessions were discussed.
Any formal next steps should be handled fairly using appropriate evidence and procedures. Where participants have agreed practical changes, make sure implementation responsibilities are clear.
Questions to ask before making a referral
Before contacting a workplace mediator, consider:
What concerns require investigation or a formal decision?
What relationship difficulties remain to be addressed?
Have participants received a clear, pressure-free explanation?
Are there risks, support needs or power differences to assess?
What arrangements are needed while the grievance continues?
Who will coordinate the referral and any agreed follow-up?
You do not need every answer before making an initial enquiry. Identifying uncertainties can help make that conversation more useful.
Workplace mediation support in Durham and throughout the UK
A grievance does not necessarily mean the opportunity for constructive dialogue has passed. The important question is whether mediation is suitable for these people, at this stage, for a clearly understood purpose.
I support employers, HR professionals and individuals through workplace mediation in Durham and surrounding areas, and around the UK. If you are managing a grievance and want to explore support for the working relationship, contact Fouchee Mediation to discuss whether an initial suitability conversation could help.
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