This series provides a thought-provoking analysis of the concept of mediation and its place and advantages in the businesses of today.  In particular, we will examine how an HR Professional’s role should be augmented so that the outcomes for the business can be enhanced; how mediation may be used for the benefit of all the main players. We will also set out the advantages which mediation can bring over the traditional adversarial route of resolving disputes which Solicitors need to be aware of.  In short, we will set out how mediation may be used for the benefit of all the main players.

This final article in our mediation series brings everything together through a realistic workplace scenario many organisations will recognise. Using a case study, it shows how conflict can escalate after change and why timely, effective mediation is more vital than ever in today’s working world.

Anne, Mary and Tom have worked together for years in the finance team of Brown & Co and have consistently been rated as strong or high performers. 

Claire, a Senior Accounts Manager with Swift & Co, is experienced and ambitious.

Both Brown and Swift merged 4 months ago to form FinCo Ltd, and Claire has been appointed the new Head of Finance.
The working atmosphere quickly deteriorates:

• Claire imposes daily 8.30 am meetings although the team previously started at 9:00 am.
• She criticises their work in front of colleagues, calling Anne’s reports ‘sloppy,’ Mary’s analysis ‘superficial,’ and Tom’s spreadsheets ‘pretty old‑fashioned stuff.’
• She overrides their decisions, removes them from long‑standing client accounts, and reallocates work to younger staff she brought from her previous company.
• In one‑to‑one reviews she tells Anne to ‘stop being so emotional,’ Mary that she ‘needs to toughen up,’ and Tom that he is ‘too set in his ways.’ 

All three submit formal written grievances citing bullying and a destructive management style.

Karen, the FinCo HR Manager, will oversee the investigation. This includes:

• Acknowledging the grievances in writing and setting up the procedure.
• Interviewing all parties and witnesses, and reviewing paperwork – employment records, memos, emails, meeting papers, policy documents etc.
• Holding grievance meetings with Anne, Mary and Tom.
• Examining the papers, making a decision and issuing the written outcome: the grievances are partly upheld, and Claire is asked only to ‘moderate her language.’ No material changes follow.
• Handling any appeal brought by the employees. 

Within 3 months, all three resign, stating the workplace has become toxic and they cannot reasonably continue working there. Each consults a solicitor and begins an Employment Tribunal claim.

Impacts on the Company (FinCo Ltd.)
FinCo, now a mid‑sized finance firm with around 50 employees, faces significant impacts:

• Karen’s time spent investigating, interviewing, reviewing documents and managing the grievance process, taking several days and diverting her from routine work.
• Claire’s time preparing statements and attending meetings, taking her away from client work. Replacing three experienced staff may take months, with resulting reduction in productivity.
• Remaining staff may become overburdened while covering gaps.
• Legal advice can easily run into thousands of pounds, plus any tribunal‑ordered settlement.
• Lost productivity for everyone involved.
• Broader impacts: low morale, increased absenteeism (e.g., stress‑related sick leave), and higher turnover leading to more recruitment costs.
• Reputational damage if word spreads, making talent harder to attract.

Employment Tribunal Procedure and Likely Timeline
The legal procedure is slow and cumbersome. It will include:

1. Lodging Claim and Response - 1–2 months
   NI tribunals often take around 2 months to accept and acknowledge a claim, after which the employer has 28 days to respond. This stage can extend if there is an administrative backlog.
    
2. Case Management - 2–4 months
    
3. Full Hearing - at least 9–18 months post‑submission, often longer
   Current delays mean this period is frequently extended beyond the traditional range.
    
4. Remedy Hearing - 1–2 months after the decision
   Required where compensation or other remedies need separate consideration. Decisions after full hearings are usually issued within 4–8 weeks, with any remedy hearing following shortly after, though backlogs can delay scheduling.

Mediation – a different approach!
Mediation has much to offer and often provides a more obvious solution than traditional litigation. The advantages of mediation in the cases of Anne, Mary and Tom include:

• Speed – Mediation can take place as soon as the parties’ positions are known, even before the grievance procedure begins. It can be arranged within weeks, or even days, if everyone is willing to move quickly.
• Reduced impact on the business – Acting early prevents factionalism, stops discontent spreading, and allows people to return to productive working sooner. Early intervention helps preserve working relationships.
• Lower cost – Tribunal processes can run into thousands of pounds and absorb significant management time. Successful mediation would allow Karen, Claire and others to return to their normal workload instead of dealing with ongoing tribunal demands.
• Flexibility – Mediation can support practical changes at work. With a skilled mediator, Claire, Anne, Mary and Tom may find a more effective way to work together – see below.
• A win‑win outcome – Both sides can achieve something positive, unlike a tribunal where one party wins and the other loses.

In this particular example, mediation within the workplace at an early stage would provide an opportunity for all parties to set out in clear terms the concerns which they have and, in particular, to identify the way in which Claire’s different managerial style is impacting them.

In turn, Claire will be able to explain how the situation has developed from her perspective perhaps coming from a different Company culture.

A professionally trained mediator would work towards bringing the conversation to a place where a new protocol governing behaviour could be agreed upon thereby retaining valued staff and allowing the team to function positively going forward.

Mediation works – the evidence consistently shows its effectiveness. There are very few cases where it should not be embraced as a route to a solution that benefits everyone.

This article was provided by:

Rosemary Connolly, Solicitor
Kathy Sinclair, Juris Resolutions

www.jurisresolutions.com