3 Mediation and Conciliation Policy Samples

1. Purpose

This policy establishes a structured and impartial process for resolving workplace disputes through mediation and conciliation. It is designed to promote a respectful, productive, and collaborative work environment by providing employees and management with a fair mechanism for addressing conflicts before they escalate to formal grievance or disciplinary proceedings.

2. Scope

This policy applies to all employees, contractors, and third-party personnel engaged with the organization, regardless of their level, role, or employment type. It covers disputes arising from interpersonal conflicts, team disagreements, communication breakdowns, and matters that have not been resolved through direct discussion between the parties involved.

3. Definitions

• Mediation: A voluntary, confidential process in which a neutral third party (the mediator) facilitates structured dialogue between disputing parties to help them reach a mutually acceptable resolution.
• Conciliation: A process similar to mediation in which the conciliator plays a more active role, offering suggestions and proposed terms of settlement that the parties may accept, reject, or modify.
• Mediator/Conciliator: A trained, impartial individual appointed internally or externally to facilitate the resolution process.

4. Guiding Principles

• Voluntariness: Participation in mediation is encouraged but not compelled. Both parties must consent to the process for it to proceed.
• Confidentiality: All discussions, documents, and agreements arising from the mediation or conciliation process are strictly confidential and may not be disclosed to any third party without written consent from all parties, except where required by law.
• Impartiality: The mediator or conciliator has no vested interest in the outcome and does not advocate for either party.
• Good Faith: All parties are expected to engage honestly and constructively throughout the process.
• Non-Prejudice: Participation in this process shall not be used against any party in future formal proceedings.

5. Eligibility and Initiation

Any employee who is involved in a workplace dispute may request mediation or conciliation by submitting a written request to the Human Resources department. The request should briefly describe the nature of the dispute and the parties involved. HR will acknowledge the request within five (5) business days and assess its suitability for the mediation process.

Disputes involving allegations of serious misconduct, criminal conduct, or matters already under formal investigation are not eligible for this process until those proceedings are concluded.

6. Appointment of Mediator or Conciliator

HR will propose a mediator or conciliator within ten (10) business days of receiving and approving a mediation request. The mediator may be an internal HR professional trained in dispute resolution or an external, accredited mediator. Both parties must agree to the appointed individual. Either party may raise an objection within three (3) business days of the proposed appointment, in which case an alternative will be proposed.

7. The Mediation Process

• Pre-Mediation Meeting: The mediator holds individual meetings with each party to explain the process, establish ground rules, and gather preliminary information.
• Joint Session: A facilitated meeting is held in which both parties are given equal opportunity to share their perspectives without interruption.
• Negotiation: The mediator guides both parties through a structured discussion aimed at identifying shared interests and exploring possible resolutions.
• Agreement: If a resolution is reached, the terms are documented in a written settlement agreement signed by both parties and witnessed by the mediator. The agreement is binding.
• No Agreement: If no resolution is reached, the mediator will formally close the process and advise the parties of their right to pursue formal grievance channels.

8. The Conciliation Process

In cases where direct dialogue has repeatedly failed or one party is unable to engage in face-to-face mediation, conciliation may be offered as an alternative. In this process, the conciliator meets with each party separately, gathers information, and proposes a recommended resolution. Both parties review the proposal and may accept it, reject it, or suggest amendments. The conciliator facilitates further discussion until either a mutual agreement is reached or the process is formally closed.

9. Timeframes

10. Support and Representation

Employees may bring a support person to any mediation session. The support person may be a trusted colleague, a union representative, or an advisor but may not speak on the employee’s behalf during joint sessions. Legal representation is not permitted during the mediation process itself.

11. Record-Keeping

HR will maintain a confidential record of all mediation and conciliation requests, proceedings, and outcomes. Records are stored securely and accessible only to authorized HR personnel. Settlement agreements are retained for a minimum of seven (7) years.

12. Compliance and Review

All employees are expected to comply with the terms of any signed settlement agreement. Failure to do so may result in disciplinary action. This policy will be reviewed annually by the HR leadership team and updated as necessary to reflect legislative changes or organizational needs.

Purpose

At [Company Name], we believe that disagreements, when handled well, can make our team stronger. This policy provides a clear, fair, and accessible way for employees to resolve workplace conflicts through mediation or conciliation, with a focus on respect, open communication, and practical solutions.

Who This Policy Covers

This policy applies to all full-time, part-time, and casual employees at [Company Name]. It covers any workplace conflict between employees, between an employee and a manager, or between teams, provided the matter has not already been escalated to a formal disciplinary process.

What We Mean by Mediation and Conciliation

Mediation is a conversation facilitated by a neutral person to help two or more parties work through their differences and find a resolution they both agree on.

Conciliation is similar, but the facilitator takes a more hands-on role, offering possible solutions for the parties to consider when the conversation alone isn’t making progress.

Our Approach

• We treat every dispute as an opportunity to improve, not a problem to suppress.
• Participation is voluntary. No one will be pressured to take part.
• Everything discussed during mediation is confidential.
• No one will be penalized for raising a concern or taking part in this process.

How to Request Mediation

If you’re involved in a workplace conflict and feel that direct conversation hasn’t resolved it, you can request mediation by speaking with your manager or the business owner. If your conflict involves your direct manager, speak with the business owner or a senior colleague directly. There’s no lengthy paperwork required. A brief verbal or written explanation of the situation is enough to get the process started.

The Process

1. Request received: The business owner or nominated person acknowledges your request within three (3) working days.
2. Mediator appointed: A suitable person is identified. This could be a senior team member with no connection to the dispute, or an external mediator if the situation requires it.
3. Individual check-ins: The mediator meets briefly with each party separately to understand the situation.
4. Joint session: Both parties meet together with the mediator to talk through the issue constructively.
5. Agreement: If a resolution is reached, it’s written down and signed by both parties. The agreement is confidential and binding.
6. Follow-up: The mediator checks in with both parties two weeks after the session to see how things are going.

If Mediation Doesn’t Work

If mediation or conciliation doesn’t lead to a resolution, the matter may be escalated to a formal grievance process. Participating in mediation will not affect your rights under the formal process.

Confidentiality

Everything shared during mediation stays between the people involved. Notes are not kept on employee files. The only exception is if something comes to light during the process that involves a legal obligation to report, such as a safety risk or unlawful conduct.

Policy Review

This policy will be reviewed every year, or sooner if there is a significant change in the business or relevant legislation.

1. Policy Statement

[Institution Name] is committed to fostering a positive, collegial, and respectful working environment for all staff. This policy provides a structured process for resolving workplace disputes through mediation and conciliation, in a way that is fair, confidential, and consistent with our institutional values of dignity, equity, and open communication.

2. Scope

This policy applies to all academic and non-academic staff, including full-time, part-time, sessional, and contract employees. It covers workplace conflicts that arise between staff members at any level and extends to disputes involving team dynamics, professional conduct, communication issues, and workload concerns. It does not replace student grievance procedures or existing disciplinary policies.

3. Core Principles

• Respect: All parties will be treated with dignity throughout the process.
• Voluntary Participation: No staff member will be compelled to participate in mediation. However, all parties are strongly encouraged to engage in good faith.
• Confidentiality: All disclosures made during mediation or conciliation are confidential and will not be referenced in any formal proceedings, performance reviews, or personnel decisions.
• Impartiality: The mediator or conciliator has no connection to the parties or the subject of the dispute.
• Timeliness: The institution is committed to addressing workplace disputes promptly to minimize disruption to staff wellbeing and institutional operations.

4. Definitions

Mediation: A facilitated process in which a neutral third party assists disputing staff members in communicating openly and reaching a voluntary, mutually agreed resolution.

Conciliation: A structured process in which the conciliator, after meeting with each party separately, proposes potential resolutions that both parties may consider, modify, or decline.

5. Initiating the Process

Any staff member may initiate a request for mediation or conciliation by submitting a written request to the People and Culture (HR) office. The request should include a brief description of the dispute and the names of the parties involved. Requests are treated in strict confidence from the moment of submission.

HR will assess the request within five (5) working days and determine the appropriate process. If the matter involves allegations of serious misconduct or harassment under a separate policy framework, HR will advise the requesting party of the correct pathway.

6. Mediator Selection

HR will identify a suitable mediator or conciliator, who may be an accredited internal staff member from a different department or faculty, or an external professional. Both parties must approve the appointed mediator. If either party has a reasonable objection, an alternative will be identified within five (5) working days.

7. Process Stages

8. Support During the Process

Staff members may be accompanied to sessions by a support person of their choosing. The support person may be a colleague, union delegate, or professional advisor. The support person’s role is to provide personal support, not to advocate or speak on behalf of the staff member during the joint session.

9. Outcomes and Agreements

Where a resolution is reached, the terms will be set out in a written agreement signed by both parties and countersigned by the mediator. The agreement is binding and confidential. HR retains a copy in a secured, access-controlled file separate from the staff members’ personnel records.

If no agreement is reached, the mediator will formally close the process and provide both parties with a written summary of the steps taken. Staff members retain the right to proceed through formal grievance channels.

10. Non-Retaliation

No staff member will face any adverse action, disadvantage, or prejudice for requesting, participating in, or declining to participate in this mediation process. Any instance of retaliation will be treated as a serious breach of institutional policy and handled accordingly.

11. Policy Review

This policy is reviewed every two (2) years by the People and Culture team in consultation with relevant stakeholders, including staff representatives and union bodies where applicable. It will also be reviewed following any significant legislative change affecting workplace dispute resolution.