How mediation fits around a workplace disciplinary process, and the steps to take if you want to resolve things before, during or instead of a formal hearing.

Frequently asked questions

Can mediation replace a disciplinary hearing entirely?

Sometimes, for less serious matters, if your employer’s policy allows it and both sides agree. For serious misconduct, most employers will still require a formal hearing regardless of mediation.

Do I still get a right to appeal if we mediate?

If mediation ends the disciplinary process by agreement, there’s typically nothing to appeal. If a hearing still goes ahead afterward, your normal appeal rights apply to its outcome.

Can I bring a union rep or colleague to mediation?

Policies vary; some workplace mediations are just the two parties and the mediator, while others allow a support person. Confirm this before the session, not on the day.

Will anything said in mediation be used against me at the hearing?

Generally mediation is treated as separate and confidential from any subsequent formal process, but you should get this confirmed explicitly by HR before you speak openly.

What if I don’t think mediation is appropriate for my situation?

You can say so. Mediation is generally voluntary, and it’s reasonable to ask for the formal process instead if you believe the allegation needs to be tested formally.

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