Why Mediation Matters

The business case for mediation is clearer than ever. According to Acas research, workplace conflict costs UK employers nearly £30 billion each year—a staggering figure driven not only by formal disputes, but by the lost productivity, turnover, and reputational damage that follow in their wake. Despite this, many organisations still rely on rigid, adversarial processes that can deepen divides rather than heal them.

The good news? Mediation offers an alternative—a human-centred, pragmatic and legally sound way to address conflict at its roots and rebuild trust. But shifting from a grievance culture to a resolution culture takes more than goodwill. It demands active engagement from leaders, HR and employees alike.

Drawing on my own experience as a mediator and the collective insights shared at events such as the recent Winmark and Acas sessions, this article explores how to bring people “into the room,” build the business (and human) case for mediation, and foster cultures where a grown-up discussion about resolution is not a last resort, but a first instinct.

Bringing People Into the Room: Overcoming Resistance

Convincing HR and Legal of mediation’s merits is one thing—getting reluctant employees to agree is quite another. Most employees and managers raised in traditional adversarial systems see workplace disputes as zero-sum games: someone is right, and someone is wrong and getting to a resolution requires proving it.

But in reality, few grievances are truly black and white. Mediation works because it acknowledges that conflict is rarely simple (or completely the fault of one or the other)—and that resolution does not need to be either.

Having a neutral mediator guiding a conversation can feel alien, or even threatening. So how do you persuade employees to engage? Our experience suggests that it comes down to carrot and stick:

The Carrot

Mediation’s well-established benefits—speed, discretion, flexibility and a 90% average success rate according to the 2023 CEDR Mediation Audit—can be powerful incentives. In mediation, employees retain control. They decide how much to share, when to take breaks and whether to continue. Unlike a grievance, where outcomes are imposed, mediation empowers individuals to co-create the outcome.

The Stick

Employers have the right to make reasonable management requests. In most cases, asking employees to attempt mediation first is just that—reasonable. If an employee unreasonably refuses to engage, and that refusal contributes to a breakdown in the employment relationship, it is fair for the employer to take that refusal into account when considering next steps.

Importantly, none of this makes mediation compulsory. Voluntariness is a cornerstone of the process. But it does mean that employees cannot always use a refusal to mediate as a shield against accountability for the consequences of that refusal.

Addressing Employee Concerns: From Fear to Empowerment

Employees’ reluctance to engage is often rooted in fear: fear of losing face, fear of retaliation or simply fear of the unknown. Mediators and HR teams can address these fears in advance by reframing the process:

• “I am right and they are wrong.”
  Remind participants that mediation is not about blame or vindication, but about finding solutions and building understanding. Formal processes often reveal shared culpability anyway—mediation just does it more quickly, with less collateral damage and sorts out a solution at the same time.
• Confidentiality worries.
  Stress that mediation is a confidential process protected by law and mediation agreements. Breaching this confidentiality can be treated as misconduct. In contrast, formal grievances can involve larger audiences and weaker confidentiality protections.
• The principle of punishment.
  For those seeking punishment of another rather than resolution, ask: What will change if formal processes fail to deliver the hoped-for outcome? Mediation does not preclude disciplinary action where needed—but it prioritises solutions that allow people to move forward. Revenge is not an attractive motivation for a complaint, since it is so rarely the solution to anything.
• Fear of confrontation.
  Acknowledge that mediation can be daunting. Offer flexibility: separate sessions, neutral venues, breaks as needed, and the option to be accompanied by a colleague or friend for moral support. Reassure employees that they will never be alone in the process and note that the stresses of a mediated discussion can be nothing compared to a formal adversarial grievance process

The Business Case: Beyond Cost Savings

It is easy to focus on the financial benefits of mediation—days or weeks to resolve versus months or years for a grievance and legal claim, and far lower costs in legal fees, recruitment and lost productivity. But the human case is equally compelling.

At a recent Winmark conference, 63% of attendees noted that their organisations hadn’t even considered mediation in recent instances of workplace conflict. Why? Because most managers have grown up in systems where the first step is a formal process, not a real conversation.

David Whincup, Employment Partner at Squire Patton Boggs, reinforced the legal reality: the Acas Code requires fair handling, not formal processes by default. Mediation fully meets that requirement almost every time. It is structured, confidential, and voluntary—but also bound by agreements that keep it safe and purposeful.

Mediation does not just resolve disputes. It builds capability—teaching people to listen, to give feedback and to disagree well. It models the behaviours that organisations need if they are to survive and thrive in an increasingly complex and polarised world.

In the end it is its essential simplicity which is the key. Ultimately you are asking your employees and managers to do no more than sit in a room with another adult and have a grown-up conversation about what matters which it is to their mutual best interests to resolve, to hear and be heard and then to consider what they need to put the issue behind them. There is nothing in law or the Acas Code which prevents that. If you are an adult and want something to change, how hard can that be, as a minimum compared to pleading your case in front of Legal and HR?

The Path Forward

As organisations navigate an ever-changing world of work—marked by social tensions, generational divides and evolving legal landscapes—conflict is inevitable. But entrenched processes and fear-driven cultures are not. Mediation offers a way forward that is faster, more cost-effective and more human. Formal grievances promise legal resolutions through the slowish adherence to written policies, but mediation offers real ones, both parties on board as designers of the solution, not victims of it.

By reframing conflict as an opportunity rather than a threat, we can build workplaces that do not just manage disputes but truly resolve them—restoring trust, strengthening relationships, and unlocking the full potential of every employee.

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