How to Engage a Team in Dispute Resolution: Choosing the Right Process
- Shiv Martin
- 6 hours ago
- 6 min read
Understanding the role of mediators, investigators, lawyers and coaches, and when to involve each
There is an old saying: when the only tool you have is a hammer, every problem starts to look like a nail.
I think about this often in workplace dispute resolution and if you’ve been to any of my free webinars for HR practitioners and workplace leaders, you’ll know this is how I always start.
This article explains how HR professionals and workplace leaders can choose the right dispute resolution support for complex workplace conflict. It explores the role of mediators, investigators, lawyers, coaches and facilitators, and explains when each type of expert may be helpful. It also considers why HR should not be expected to manage every part of a workplace dispute alone, and how a coordinated panel of experts can support safer, fairer and more strategic conflict resolution outcomes.
If the only process we understand is mediation, we may try to mediate complaints that first need findings, risk assessment or legal advice. If the only process we understand is investigation, we may over-formalise interpersonal tensions that could have been resolved through coaching, facilitation or early management action.
Workplace dispute resolution needs a well-stocked toolkit, not a single process. But the analogy is about process, not people. A mediator, investigator, coach or lawyer is not the tool. They are the expert who knows how, when and why to use particular tools properly.
Each professional brings training, accreditation, experience and judgement. They also bring the time and discipline required to do the work well.
▪️ A mediator structures difficult conversations safely.
▪️ An investigator gathers evidence and makes defensible findings.
▪️ A lawyer identifies obligations, risks and options.
▪️ A coach builds insight, readiness and capability.
What kind of support do you need?
Before choosing a pathway, it helps to understand what each process is designed to do.
These options are not interchangeable. Each has a different purpose, strengths and limits.
Why the right expert matters in dispute resolution
Imagine renovating a kitchen. You may understand the budget, timeline and outcome, but that does not mean you would do the plumbing, electrical work, cabinetry, tiling and structural changes yourself. Nor would you expect one person to do every specialised task.
You would bring in the right experts at the right time. Workplace dispute resolution is similar. A complex conflict may involve legal risk, psychological safety, contested facts, broken trust, unclear roles, team dysfunction and leadership challenges. Expecting one person, or one process, to resolve all of this is unrealistic.
This does not mean overcomplicating every issue. It means having access to a diverse panel of trusted experts who can be called on when specialist support is required.
The experts still need a shared strategy
Having access to different professionals is important, but a panel is only useful if there is an overarching strategy that holds the work together.
A mediator, investigator, lawyer, coach, psychologist or facilitator may each be excellent at their own part of the work. But complex workplace conflict rarely improves when each person works in isolation, without a shared understanding of the organisational context, risks, desired outcome and role boundaries.
When matters fall apart, it is often not because the professionals lacked skill. It is because the process lacked coordination. One person may be focused on legal risk, another on psychological safety, another on relational repair, and another on findings and procedural fairness. Each lens is valuable, but without a shared strategy they can pull in different directions.
The HR professional as project manager
This is where HR plays a critical strategic role. In many organisations, the HR manager or HR business partner should not personally conduct the mediation, investigation, coaching, legal analysis and team facilitation. Holding too many roles can create confusion, conflict of interest and risk.
Instead, HR often adds the greatest value as the project manager of the dispute resolution response. This means understanding the available pathways well enough to advise leaders, identify risk, choose the right experts, coordinate the process and keep the broader organisational picture in view.
From that strategic position, HR can ask whether the conflict is connected to unclear role descriptions, recruitment processes, reporting lines, inconsistent leave or work-from-home practices, or complaints processes that need clearer guidance about confidentiality and information sharing. These questions determine whether the organisation simply manages one conflict, or learns from it.
How this works in my own practice
In my own practice, I often bring the generalist dispute resolution lens. I help organisations understand the overall conflict picture, identify the right pathway and coordinate the right response. Much of my work sits in training, information sharing, education and capability building. I also conduct workplace mediations where the issue involves communication, trust, role clarity or future working relationships.
But I do not try to be every professional in the room. I generally prefer not to provide one-on-one leadership coaching or ongoing individual coaching advice. Where that support is needed, I refer to skilled coaches. I do not conduct workplace investigations. Where allegations need to be tested or findings are required, I refer to experienced workplace investigators on my panel.
The Right Expertise, at the Right Time
Kieran Plasto is a highly experienced people professional with more than 35 years’ experience across psychology, HR, safety, law enforcement and workplace investigations. A former Detective and Police Negotiator, Kieran is also an accredited mediator, internationally certified coach, conflict coach and Harvard-trained negotiator. Through Shiv Martin Consulting, he supports organisations with investigations, mediation, coaching and complex workplace conflict where human behaviour, risk and communication intersect.
Maree Gardner is a highly experienced organisational development, change and human resources consultant with more than 10 years’ consulting experience and over 20 years as a senior executive across the public and private sectors. Through Shiv Martin Consulting, Maree supports organisations with executive coaching, leadership development, and team facilitation where conflict is connected to behaviour, capability, change fatigue or leadership alignment. She is known for her consultative, creative and psychologically informed approach.
Dr Serge Loode combines academic expertise with extensive practical experience in mediation, conciliation and conflict resolution across workplace, community and government settings. He is a nationally accredited mediator (NMAS), experienced facilitator, conflict coach, trainer and assessor. Through Shiv Martin Consulting, Serge supports complex disputes requiring skilled facilitation, stakeholder engagement and thoughtful process design, helping organisations navigate entrenched conflict and achieve practical, sustainable outcomes.
John Southalan is an experienced dispute resolution professional working across Australia and internationally, with particular expertise in business–community disputes and extractives regulation. He has conciliated matters for the Australian National Contact Point for Responsible Business Conduct, combining mediation with decision-making in complex, high-stakes contexts. Through Shiv Martin Consulting, John provides legal insight and dispute resolution support where matters intersect with regulatory frameworks, human rights and commercial risk.
For specific HR compliance matters, mental health concerns requiring clinical support, or legal matters that move into representation or advocacy, I refer to appropriately qualified specialists. This is not a limitation of the work. It is part of the quality control. Complex conflict needs clear roles and the right expertise at the right time.
From resolving one issue to strengthening the system
The best workplace dispute resolution does more than resolve a single matter. It helps the organisation learn.
A complaint may reveal that a job description is outdated. A mediation may show that decision-making authority is unclear. An investigation may identify cultural or leadership issues beyond the specific allegation. A team facilitation may uncover confusion about flexible work, leave approval, workload allocation or communication expectations.
The strategic value of a coordinated dispute resolution response is not doing every task. It is understanding enough about each pathway to choose, sequence and integrate the right support.
When to bring in external expertise
Need help choosing the right pathway?
If you're navigating a complex workplace complaint, team conflict or relationship breakdown, choosing the right process early can make all the difference.
At Shiv Martin Consulting, we support organisations through:
workplace mediation and conciliation
investigation referrals
facilitation and team building
conflict coaching pathways
tailored training and system design
Explore your options or request a bespoke proposal: here.
Hi, I’m Shiv Martin. I’m a nationally accredited mediator, lawyer, conciliator, and conflict management specialist with over a decade of experience working across government, business, and community settings. I support teams to navigate complex and emotionally charged situations through mediation and conciliation, conflict skills training, facilitation, and practical advice on policies and processes. My approach is grounded in law, psychology, and real-world dispute resolution, with a strong focus on clarity, fairness, and workable outcomes.
If you’d like to talk about how I can help you or your organisation, you can get in touch here: 👉 Contact us
Comments