Mediation is a voluntary and confidential process that can help to resolve workplace complaints.
It usually involves a telephone meeting between:
- the person who made the complaint
- the party the complaint is against.
A Fair Work Ombudsman Mediator (FWO Mediator) also attends the telephone meeting.
The FWO Mediator is a neutral third person who helps the parties talk about the matter and find an agreed resolution.
While the FWO Mediator may offer suggestions, they don't make a decision or give advice about other possible outcomes if the matter can't be resolved during mediation.
Mediation may happen:
- after we get a workplace complaint
- during the investigation process
- before legal action is taken.
Note: FWO Mediators are trained in line with National Alternative Dispute Resolution Advisory Council requirements and follow the Australian National Mediator Practice Standards.
Requesting mediation
A Fair Work Inspector may recommend mediation for certain complaints.
However, if you feel mediation would help resolve your matter, you can call the Fair Work Inspector dealing with the complaint to request this.
Remember, mediation is voluntary and both parties must agree to participate.