Mediate, Investigate, Litigate, or Leave It Alone?
- Shiv Martin
- Nov 18, 2024
- 4 min read
Updated: May 14
Confidently Handling Workplace Complaints
Workplace complaints and disputes are part of the fabric of any dynamic organisation. From interpersonal tensions to more serious allegations, HR teams and managers often face tough decisions about how to address these issues.
Should you mediate informally, launch a formal investigation, litigate, or step back?
The choices you make don’t just resolve individual complaints—they shape workplace culture, influence morale, and set precedents for future conflict resolution. As a workplace mediation and dispute resolution consultant, I’ve helped countless organisations navigate these tricky waters. Let’s break it down.
Start with Safety - Always
Before you choose a path, start by assessing psychological and physical safety.
Is there a risk to someone’s wellbeing?
Could this situation escalate harm?
Do either party feel unsafe participating in a process?
Whether it’s serious misconduct or emotional distress, workplace health and safety (WHS) must be your first consideration. Addressing safety sets the stage for any process that follows—be it mediation, investigation, or another pathway.
Understanding Workplace Complaints
Workplace complaints generally fall into three broad categories:
Decisions or Directions Impacting Employees: Issues around pay, working conditions, or career opportunities.
Interpersonal Behaviour Issues: Think rudeness, bullying, or harassment—these can erode trust and productivity.
Policy or Law Breaches: The heavyweights—sexual harassment, misuse of resources, or conflicts of interest.
Often, these categories overlap or uncover deeper cultural issues. A nuanced understanding of the nature of the complaint is crucial for choosing the right resolution path.
Investigation vs. Mediation: Which Path to Choose?
Investigation
When to use it:
Serious misconduct or potential legal violations
When the facts are disputed and a formal finding is needed
Pros: ✅ Creates a documented, defensible process ✅ Clarifies complex situations and provides formal outcomes
Cons:
⚠️ Time-consuming and costly
⚠️ Can damage trust or escalate tensions
Mediation
When to use it:
Interpersonal conflicts or communication breakdowns
When there’s no legal breach but emotional harm or distrust is present
Pros: ✅ Confidential and flexible ✅ Focuses on restoring relationships ✅ Gives parties ownership of outcomes
Cons: ⚠️ Not suitable where safety or power imbalance exists ⚠️ Voluntary—there’s no guaranteed resolution
How to Prepare for Workplace Mediation
If mediation feels like the right step, preparation is key:
Clarify the Process: Communicate what mediation involves, its voluntary nature, and the importance of confidentiality.
Build Trust: Parties must feel safe and assured of fairness.
Set Expectations: Be clear about what mediation can and can’t achieve to ensure everyone is on the same page.
Mediation can also be part of a broader approach, such as facilitated team discussions. These go beyond immediate conflict resolution to repair relationships and build a stronger foundation for future collaboration.
When to Bring in External Experts
Sometimes, the best option is to engage an external mediator or investigator. Consider this when:
Conflicts of Interest Exist: An impartial third party can avoid perceptions of bias.
Safety is a Concern: Trauma-informed professionals can handle sensitive situations with care.
Specialist Expertise is Needed: Complex or high-stakes cases benefit from trained dispute resolution practitioners.
Case Studies: Lessons from the Field
Successful Mediation:Two employees with a long-standing conflict reached a resolution through confidential mediation. Personalised conflict coaching beforehand helped both parties approach the process with readiness and openness.
Mediation Missed the Mark:A team with a toxic culture wasn’t ready for mediation. Deep-rooted power imbalances and a lack of genuine buy-in from one party meant an investigation was more appropriate.
Investigation Insights:An investigation into bullying found no misconduct but revealed systemic issues in workplace culture. Early facilitation or a reflective team process could have addressed these issues without the formal process.
Final Thoughts
Your approach to resolving workplace disputes isn’t just about managing complaints—it’s about fostering a culture of respectful conversations and trust. Whether through workplace mediation, formal investigations, or team interventions, choosing the right strategy is crucial for building a harmonious, productive workplace.
Need help refining your dispute resolution processes or navigating a specific conflict? I’m here to help. Reach out for a confidential discussion: contact@shivmartin.com or book in a free confidential call.
“Shiv helped us navigate an incredibly complex team dispute with compassion and professionalism. She gave our managers the tools to act early, fairly, and with confidence.”
— Director, National Government Agency
Frequently Asked Questions: Your Workplace Conflict Questions Answered
Q: How do I know if mediation is the right choice for a complaint?
A: Mediation works best for interpersonal conflicts or issues where maintaining relationships is important. Avoid mediation if there are safety concerns, significant power imbalances, or clear legal breaches that require investigation.
Q: What does trauma-informed mediation mean?
A: Trauma-informed mediation acknowledges the emotional and psychological safety of all parties. It ensures that processes are designed to avoid re-traumatisation and to foster a sense of security and fairness.
Q: What if mediation fails?
A: If mediation doesn’t achieve a resolution, consider escalating to an investigation or reassessing the underlying issues. Failed mediation often highlights deeper cultural or systemic problems that need addressing.
Q: When should I involve an external mediator?
A: Bring in an external expert when impartiality, safety, or specialist skills are critical to the process. External mediators bring fresh perspectives and can navigate high-conflict situations effectively.
Navigating workplace disputes is a skill that can transform teams and culture. By adopting a thoughtful, strategic approach, you’ll empower your organisation to manage conflict with confidence.
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ABOUT THE AUTHOR
Shiv Martin is a nationally accredited mediator, practicing solicitor, conciliator, decision-maker, and certified vocational trainer. With extensive experience in complex dispute resolution, stakeholder engagement, and team building across business, community, and governmental sectors, Shiv brings over a decade of unique and diverse expertise in Law, Management, Vocational Education, and Mediation. https://www.linkedin.com/in/shivmartin/?originalSubdomain=au
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