What to do when a workplace dispute over treatment, conduct or fairness needs resolving before it becomes a formal grievance or a resignation.
Frequently asked questions
Can my employer force me into workplace mediation?
Generally no. Mediation is normally voluntary for both people, though an employer can strongly encourage it as a first step before a formal grievance.
Is what I say in mediation confidential?
Typically yes, within the limits your employer sets out in policy — usually the content of the discussion stays private, though the fact that an agreement was reached may be recorded.
Does mediation stop me from raising a formal grievance later?
No. In most workplaces mediation is offered as an early, informal option, and your right to raise a formal grievance afterwards is preserved if mediation doesn’t resolve the issue.
What if the unfair treatment involves harassment or discrimination?
Mediation can still help repair a working relationship, but if the conduct may be unlawful, it’s worth getting independent advice on your formal rights and options in parallel, not instead.
Who chooses the mediator?
Ideally both parties agree on the mediator together, or your employer offers a shortlist of accredited, external mediators so neither side reasonably doubts their neutrality.
J128 Court Application Form – Application For Referral To Mediation (South Africa)
Mediation can still be considered even after legal proceedings have begun. At this stage, the focus…
J012 Court Application – For Referral To Mediation (South Africa)
A dispute going toward court does not always mean the opportunity for resolution has disappeared. Many…
Civil Disputes: Mediation for Accidents, Neighbours & Contracts
Frequently asked questions Is mediation legally binding for civil disputes? Not automatically. A mediated agreement becomes…
Facing a Disciplinary Hearing Mediation Guide
How mediation fits around a workplace disciplinary process, and the steps to take if you want…
Unfair Treatment At Work Mediation Guide
What to do when a workplace dispute over treatment, conduct or fairness needs resolving before it…
Divorce & Separation Mediation Guide
A practical, step-by-step guide to resolving parenting, property and financial disputes without going straight to court.…
