A complaint has landed. A manager says two staff can’t be in the same room. Someone has used the word bullying or told you they feel unsafe. Now you have to decide what happens next. Is this a matter for workplace mediation, or does it need a workplace investigation?
This guide explains the difference, when each one fits and how to decide.
The short answer
Investigate when there are specific allegations of misconduct, the facts are disputed and the outcome could lead to disciplinary action. Mediate when the working relationship has broken down between people who need to keep working together.
Put simply, an investigation answers the question of what happened and produces findings. Mediation answers the question of how we work together from here and provides the participants with an opportunity to work through challenges in a safe environment with a trained facilitator.
What is a workplace investigation?
A workplace investigation is a formal process for finding out whether a specific allegation is substantiated.
The investigator interviews the complainant (the person complaining), any other people of interest (those who have information or have observed the behaviour complained about) and the respondent (the person complained about). The investigator gathers documents, weighs the evidence on the balance of probabilities (what is more likely than not) and reports findings of fact. The employer, not the investigator, then decides what further action, if any, is warranted, based on those findings. Employers usually do that with their lawyers. Lawyers will look over the report and provide the employer with advice. The employer then has an independent investigation and its own legal advice. It is best practice for the investigation and report to be kept separate from the legal advice given on the report.
Procedural fairness is the foundation of a good investigation. The respondent (the person complained about) must be given as much information as possible to be able to respond, and findings must be made by someone impartial based on the evidence procured. The Fair Work Commission looks closely at this, and a flawed investigation process can be costly if the outcome is deemed unfair.
What is workplace mediation?
Workplace mediation is a confidential, voluntary process where an independent mediator supports people by providing a safe process, so that participants can talk through a conflict and agree how they will work together. The mediator doesn’t take sides, doesn’t investigate and makes no findings about who was right. The people in the room decide the outcome.
The Emverio Workplace Mediations process is designed for workplaces. Each person, including the employer, has a private intake session with the mediator before the joint session. This is your opportunity to meet the mediator, share your side of the story, give context, clarify expectations and ask questions. The mediator outlines the process and coaches you on how to best use it. At the joint session (participants only), if the participants reach an agreement, the employer gets a copy so it can support what was agreed. If the mediation doesn’t proceed or no agreement is reached, the employer gets a short letter explaining why the mediation failed. If anyone raises a serious safety risk, the mediator works with the participants on how best to disclose the risk.
Mediations can be arranged quickly depending on participant availability and can be held online or in person, at a fixed price quoted in advance. At Emverio, our latest statistics (2026) show that 88% of mediations end in agreement and the participants’ relationship improves.
Mediation vs investigation at a glance
| Workplace mediation | Workplace investigation | |
|---|---|---|
| Purpose | Rebuild a working relationship | Test whether allegations are substantiated |
| Question it answers | How do we work together from here? | What happened? |
| Who decides the outcome | The participants | The employer, acting on the findings |
| Participation | Voluntary | The employer can direct employees to take part |
| Typical outcome | A written agreement about future behaviour | Independent report with findings. You will then need legal advice on the report about what further action, if any, is warranted. |
| Time | A few weeks | Several weeks to a few months |
| Best suited to | Communication breakdown, team friction, clashes of style | Bullying, harassment, discrimination, misconduct, safety breaches and serious breaches of policy that, if substantiated, would result in disciplinary action or termination. |
When to investigate
An independent investigation is usually the right call when
- the allegations describe specific conduct. He grabbed my arm in the car park on Friday can be tested. I don’t like his energy can’t.
- the conduct, if proven, would breach a policy, a code of conduct or the law, such as bullying, sexual harassment, discrimination, fraud, violence or a safety breach
- a warning, demotion or dismissal is a realistic outcome
- your policy or enterprise agreement says complaints like this will be investigated
- fear, a serious power imbalance or a safety risk would make a joint meeting unfair
- a lawyer, union, regulator or insurer is already involved
An external investigation is usually obtained when
- the employee has specifically requested an independent investigator,
- you don’t have the skills to conduct an investigation,
- there are pre-existing workplace relationships that may be compromised,
- the matter is high risk, for example allegations against an executive or CEO.
The law points the same way. Work health and safety law requires employers to manage psychosocial hazards, and the positive duty under the Sex Discrimination Act means reports of sexual harassment must be responded to properly. Whistleblower disclosures must never be steered into mediation.
When to mediate
Mediation is usually the right call when
- two people, or a small group, need to keep working together and currently can’t,
- the challenges are interpersonal and don’t reach the seriousness threshold required to conduct a workplace investigation,
- the complaints are not serious and relate to tone, communication, exclusion or micromanagement rather than a breach of policy,
- both sides have a version of events and nobody is clearly in the wrong,
- the conflict is early and nothing has been formalised,
- an investigation has finished and the people involved still share a team,
- someone asks for a mediation to resolve eroding relationships.
Mediation isn’t a soft option either. It asks people to sit across from each other, articulate their boundaries and challenges, listen to another person’s point of view that may be completely different to their own, suspend their own scepticism and beliefs and commit to a way forward despite the past.
Five questions to ask before you decide
- What exactly is being alleged? We cannot investigate thoughts, feelings, opinions and values. If you can’t describe what happened, who was there, the date, the time and why it is a problem, it will be difficult to investigate.
- If proven, would it breach a policy or the law? If yes, you need findings, so that you can make decisions with clarity.
- Could it lead to disciplinary action? Then procedural fairness requires an investigation first.
- What does the person complaining actually want? Be careful though. What someone wants is only one aspect you need to consider. You may still be compelled to investigate even if a person doesn’t want their employer to do anything. This is because it is your role to keep employees safe, and if you have knowledge that they may not be, you need to satisfy yourself that they are.
- If after the investigation they are required to keep working together, plan for mediation at some point. Findings alone rarely fix a relationship.
Whatever you decide, make sure you document why, in case the matter escalates. If the decision is ever questioned by a tribunal, regulator or insurer, you won’t have to rely on your memory.
Can you do both?
Yes, it will just be the timing of the delivery of each intervention. For serious allegations the usual order is investigation first, then, if they are still required to work together, offer mediation as a strategy to rebuild the working relationship. That works whether or not the allegations are substantiated, because both people may still have to work side by side.
For lower level conflict, offer mediation first and make clear a formal complaint is still available if things don’t improve.
Common mistakes employers make
- Doing nothing. Hoping that something will go away rarely works. Moving the problem to another team can often just contaminate the broader team and erode the workplace culture.
- Not communicating decisions. We often work with participants who have lodged complaints, are asked to participate in a mediation and remain uncertain about the status of their complaint. It is important to communicate that you do not think the matter they have raised is serious enough right now to warrant an investigation, and that you would like to offer them an opportunity to demonstrate they are able to work through their challenges with an independent and trained facilitator.
- Investigating without any training or skills in investigation. This is not a criticism but a common demand on multidisciplinary professionals who are not experts in the area and perhaps have never done an investigation or a mediation before. This can unravel quickly without a proper framework.
- Waiting. Complaints rarely improve with age, and delay is one of the most common complaints we hear from participants.
Where Emverio fits in
Emverio was founded in 2015. Its Founder, Principal and Advanced Mediator, Anna Faoagali, has been mediating since 2000 and has been nationally accredited since 2009. Emverio Workplace Mediations delivers mediations and facilitated discussions across Australia and New Zealand through a national panel of workplace mediators, at a fixed price quoted in advance. Emverio Workplace Investigations handles independent, robust workplace investigations.
Because we are experienced in delivering both, you get a straight answer about which path fits, and a matter can move from investigation to mediation without starting over. Clients include multinationals, government bodies, universities and community organisations.
Frequently asked questions
It depends on what is being described. Repeated, specific conduct that breaches policy calls for an investigation. A complaint that is really about communication or management style is usually best mediated.
Mediation is voluntary and nobody can be made to agree to anything. Most people take part once they meet us (at their one-on-one intake session) and understand the process and how to best use it to their advantage.
No. Mediation makes no findings. If an allegation needs testing, investigate first, then mediate to repair the working relationship.
Emverio Workplace Mediations focus on repairing the workplace relationship. It is a great opportunity to start trying to navigate the relationship in a safe place. Although you can bring a support person, we encourage you to speak with your mediator about what you need to participate without one. If you do want one, make sure that the person is not a work colleague or stakeholder. The support person is someone both participants must consent to, and they are there for emotional support, not to advocate on your behalf.
Support for people experiencing difficulties at work
Whichever path an employer chooses, the people involved often need support while it runs. If you are finding work hard right now, you do not have to wait for a process to finish before you reach out.
- Your employer’s Employee Assistance Program, or EAP, offers free and confidential counselling. Ask HR or check your intranet for the number.
- Lifeline on 13 11 14 and Beyond Blue on 1300 22 4636 are there to talk any time across Australia.
- 1800RESPECT on 1800 737 732 supports anyone affected by sexual harassment or assault.
- The Fair Work Ombudsman on 13 13 94 explains your rights at work, and the Fair Work Commission can make stop bullying orders.
- Your state or territory work health and safety regulator, such as WorkSafe or SafeWork, takes reports about unsafe workplaces, including psychosocial hazards.
- In New Zealand, call or text 1737 any time to talk with a trained counsellor, and Employment New Zealand on 0800 20 90 20 can explain your rights at work.
Employers can do their part by reminding staff of these services at the start of any process, checking in while it runs and making sure nobody is left guessing about what happens next.
Not sure which path fits?
A short, confidential conversation with someone who handles both every week usually settles it. Call Emverio on 1300 414 179 or email info@mediations.emverio.com.
Ready to go? Request a Quote for a fixed price workplace mediation.
