Should all workplace investigations end with mediation?

When a workplace investigation finishes, many employers feel a sense of relief. The facts have been established, decisions have been made and, from a procedural perspective, the matter is closed.

But is it really over?

In many situations, the answer is no.

A workplace investigation may determine what’s happened, but it rarely repairs the relationships that have been damaged along the way. Colleagues may still need to work together, teams may remain divided, and trust can take months, or even years, to rebuild.

Whilst it might not be applicable in all situations,  organisations should consider whether mediation has a role after the investigation has concluded to bring people and relationships back together.

When mediation may be appropriate after an investigation

Obviously, not every investigation should end with mediation, and mediation should never be used where there are safeguarding concerns, serious misconduct or situations in which one party feels unable to participate freely and isn’t bought into the process.

However, there are many circumstances where mediation can add significant value once a formal process has ended.

For example:

• An investigation concludes that there is insufficient evidence to uphold allegations, yet the working relationship has broken down.
• A grievance is not upheld, but communication between colleagues has deteriorated.
• A manager and employee remain in conflict despite the formal process having ended.
• A team has become divided during a lengthy investigation.

In each of these situations, the investigation may have answered the procedural questions, but it has not necessarily restored trust within the organsiation.

A fair outcome doesn’t always feel like a satisfactory outcome

One of the realities of workplace investigations is that they can produce outcomes that are legally and procedurally fair while in some situations they still leave people feeling disappointed or misunderstood. This is particularly true where;

allegations are not upheld because there is insufficient evidence.

The person who raised concerns may feel unheard.

The individual who was investigated may feel their reputation has been damaged despite no findings being made against them.

Colleagues may continue to speculate about what happened.

Without an opportunity to rebuild communication, organisations can find themselves dealing with ongoing tension, increased absence, reduced collaboration and, in some cases, repeat grievances involving the same individuals. Mediation for groups, not just individuals, can help in these circumstances.

Mediation creates space for constructive conversations

A professionally facilitated mediation provides something that formal procedures often cannot: an opportunity for people to speak openly, listen to one another and begin rebuilding professional relationships. It is not about revisiting the investigation or challenging its findings. Instead, it focuses on questions such as:

• What has this experience been like for each person?
• What needs to change moving forward?
• How can communication improve?
• What practical agreements will help prevent future conflict?

These conversations are rarely easy, but they are often the conversations that make lasting workplace resolution possible. Sometimes its much easier to have conversations like this facilitated externally to allow for more free flowing discussions.

Looking beyond procedural compliance

Employers rightly place significant emphasis on conducting fair investigations. Getting the right outcome is incredibly important but it’s important to also look beyond compliance and think about doing the right thing by people to cultivate great places to work. Unmanaged conflict can lead to tension and ultimately staff leaving organisations so it’s incredibly important that it’s dealt with quickly and fairly.

Organisations that invest in rebuilding relationships are often better placed to retain employees, restore team cohesion and prevent disputes from escalating again in the future.

How Resolution at Work can help

Resolution at Work supports organisations with independent workplace investigations and professional workplace mediation. We understand that establishing the facts is only one part of resolving workplace conflict. Where appropriate, we help employers rebuild communication and restore working relationships, enabling teams to move forward with confidence.

If you need some help with workplace conflict, get in contact with us here

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