FACT SHEET 20
Workplace Mediation
Mediation is a process in which an impartial person – a mediator – facilitates the resolution to a dispute by promoting a uncoerced agreement by the parties to the dispute.
Many employers use mediation as a method for employees to reach an understanding of a workplace disagreement.
What happens in mediation?
Prior to mediation, the mediator will ask for separate sessions which will enable them to speak to each party privately. The mediator will use this time to assess whether mediation is appropriate by considering whether each party is attending voluntarily and whether they have the capacity to reach an agreement. Note that whatever is said to the mediator remains confidential.
If the mediation proceeds it will most likely be a “facilitated mediation.” This means that the mediator is not there to give information or make a judgement but to guide the parties through the following process.
- Welcoming
- Opening Statements
- Reflection
- Agenda setting
- Exploration
- Seperate sessions
- Option negotiation
- Agreement
- Close
Can my employer force me to attend mediation?
Yes. If mediation is a part of a grievance policy, then as the request would follow an internal policy it is considered a “lawful and reasonable direction.”
When isn’t mediation appropriate?
- If the employer is using it to determine the “truth” of the matter.
- If the mediator works for the employer as there may be concerns about impartiality.
- If the parties will not be safe if exposed to the other.
Where can I get more help?
| Organisation | Phone | Website |
|---|---|---|
| Your Union, Unions NT | 8941 0001 | www.unionsnt.com.au |
| NT Anti-Discrimination Commission | 1800 813 846 | adc.nt.gov.au |
| Australian Human Rights Commission | 1300 656 419 | www.humanrights.gov.au |
| Fair Work Ombudsman | 13 13 94 | www.fairwork.gov.au |
| Fair Work Commission | 1300 799 675 | fwc.gov.au |
| Office of the Commissioner of Public Employment (OCPE) | 8999 4129 | www.ocpe.nt.gov.au |
| NT WorkSafe | 1800 019 115 | www.worksafe.nt.gov.au |
| Aboriginal Interpreter Service (AIS) | 1800 334 944 | www.ais.nt.gov.au |
| Interpreting and Translating Service NT | 1800 676 254 | www.itsnt.au |
| NT Police Emergency | 000 or 112 from mobile |
The NT Working Women’s Centre (NTWWC) provides free and confidential information, advice and assistance to women about work. The information, opinions and advice contained have been prepared with due care and are believed to be correct at the time of publication. NTWWC expressly disclaim any liability whatsoever to any person who suffers any loss arising from the contents of, errors in, or omissions from this publication. This Factsheet is not intended as a substitute for legal advice. Please seek advice for further information about your situation.
August 2024
