Workplace Mediation and Employment Tribunal Risk

Mediation may help resolve some workplace disagreements before they become formal legal disputes, but it cannot remove legal risk or prevent a tribunal claim. Employers should obtain appropriate legal and HR advice, follow fair procedures and never use mediation to suppress a protected complaint or avoid safeguarding duties. FAQ: Does a mediated agreement settle legal claims? It depends on the agreement and legal advice. Can mediation be used during a tribunal claim? Sometimes, subject to the parties and the tribunal process.

Practical takeaway

Good workplace mediation depends on informed participation, impartial facilitation, appropriate safeguarding and clear next steps. Organisations should choose a suitably trained professional and keep their wider HR and employment responsibilities under review.