Letter inviting employee to mediation

If you want to try to resolve a workplace dispute through mediation, provisionally appoint a mediator and then use our letter inviting employee to mediation to set the process in motion.  However, be aware that mediation is entirely voluntary so you cannot force an employee to enter into it.

Appointment of mediator

You can use an in-house or external mediator. An in-house mediator should have the authority to settle the dispute and ideally be more senior than the parties involved. They are best used where the dispute isn’t likely to lead, at least in the foreseeable future, to an employment tribunal claim.  They need to be impartial and the employee must be happy with their appointment. Disputes that look likely to result in tribunal or court proceedings, or complicated disputes, are best resolved using an accredited external mediator. There is currently no regulatory body governing mediators, so anyone can call themselves one! So we suggest you consider using one who has been accredited by the Civil Mediation Council (CMC).

Mediation session

Once you have provisionally decided on a mediator, use our Letter Inviting Employee to Mediation. This invites the employee to a mediation session in an attempt to resolve the identified dispute. The letter summarises the purpose of mediation, sets out who you propose to be the mediator and confirms the proposed date, time and location of the mediation session.