A Grievance Today. A Tribunal in 2029. There Has to Be a Better Way.
It starts with a difficult conversation. Perhaps a manager's feedback is taken badly, an employee feels unheard, or two colleagues simply stop communicating.
Weeks later, there's a formal grievance. Then allegations, counter-allegations, sickness absence and lawyers.
Before long, what might have been resolved through a conversation has become a dispute that could take years to conclude.
How did we get here? More importantly, could we have prevented it?
Acas is sending a message. Are we listening?
The proposed changes to the Acas Code of Practice on disciplinary and grievance procedures place renewed emphasis on resolving workplace concerns early.
Particularly significant are paragraphs 90–95, which introduce express guidance on mediation and facilitated conversations.
The proposals recognise that:
Mediation can be suggested by anyone, during or after disciplinary or grievance procedures.
An impartial, accredited mediator or trained facilitator can help those involved find solutions.
Participation is voluntary and confidential.
Formal procedures should be paused where mediation is agreed during them.
Mediation can be particularly valuable where working relationships have deteriorated.
Importantly, paragraph 95 describes offering mediation in appropriate circumstances, where possible, as good practice.
The significance? Mediation shouldn't be treated merely as a last resort when everything else has failed.
Could ignoring the Acas Code prove costly?
The Acas Code isn't simply guidance without consequences.
In certain Employment Tribunal claims, compensation can be increased or reduced by up to 25% where an employer or employee unreasonably fails to comply with applicable provisions.
Although the proposed mediation provisions don't make mediation compulsory, they reinforce the importance of considering appropriate opportunities for early resolution.
There is no automatic financial penalty for declining mediation.
Nevertheless, employers and employees should take the Code seriously.
Workplace conflict mediation : why timing matters
Workplace conflict rarely improves through neglect.
Misunderstandings become grievances. Frustration turns into resentment. Positions harden, relationships deteriorate and people become increasingly determined to prove they're right.
Early intervention can interrupt that cycle.
An independent mediator can help people have conversations they no longer feel able to have themselves, understand different perspectives and explore practical solutions.
Sometimes that means rebuilding relationships. Sometimes it means agreeing a constructive separation.
Either way, the parties retain control.
Neurodiversity: are we missing something?
What if behaviour perceived as difficult is actually a communication difference that hasn't been properly understood?
Neurodiversity can be an important consideration in workplace disagreements.
Differences in communication, information processing or responses to stress can sometimes contribute to misunderstandings.
Recognising individual needs and making appropriate adjustments can transform how disputes are approached.
Mediation isn't one-size-fits-all. That's why access to mediators with specialist neurodiversity-awareness training matters.
The Tribunal backlog: a compelling reason to act
Employment Tribunals are under enormous pressure.
Ministry of Justice statistics recorded 70,000 outstanding single Employment Tribunal cases at the end of June 2026, with some lengthy hearings reportedly being listed into 2028 and 2029.
For employers and employees, that can mean prolonged uncertainty, mounting legal expenses and considerable personal stress.
Even winning can come at a substantial cost.
Mediation can often be arranged within weeks, offering an opportunity to resolve disputes without years of litigation.
Better still, prevent the conflict
Resolving disputes early is important. Preventing avoidable disputes is even better.
Practical conflict management training helps managers and employees recognise warning signs, communicate effectively and handle difficult conversations constructively.
Investing in these skills can prevent relatively minor disagreements becoming major workplace problems.
How Mediator Locator can help
The right mediator brings more than mediation skills.
Mediator Locator provides access to a nationwide network of professionally accredited employment and workplace mediators, many of whom are practising lawyers regulated by their respective professional bodies.
Crucially, our mediators have first-hand experience in the sectors and specialist areas in which they mediate. They understand the legal, commercial and human realities of workplace disputes.
From interpersonal disagreements and management disputes to discrimination allegations, complex grievances, senior-level conflicts and Tribunal proceedings, we can assist at every level.
We also offer neurodiversity-aware mediators and bespoke conflict management training and coaching.
Unlike a traditional directory, we provide a personalised recommendation service, matching the right expertise to each dispute.
Sometimes the most important decision isn't how to win a workplace dispute. It's recognising when to stop it becoming one.
Facing workplace conflict, or looking to prevent it?
Whether you're dealing with a difficult workplace dispute, considering mediation or looking to prevent future conflict through training and coaching, Mediator Locator can help.
Find the right mediator or discuss your requirements at info@mediatorlocator.com
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