Is a workplace investigation always the answer to conflict at work? Not necessarily. Workplace investigations are necessary in some cases, including those involving serious allegations such as sexual misconduct. However, for less serious conflicts at work, mediation can be quicker, less costly, and more effective in restoring workplace harmony.
The Limits of Workplace Investigations
Investigations are often seen as the default response to workplace conflict. But they come with significant costs:
- Time and money: Investigations can take months and cost tens (or hundreds) of thousands of dollars.
- Disruption: Investigations often involve placing parties on administrative leave and interviewing witnesses, both of which can create uncertainty, mistrust, and further division within the workplace.
- Entrenchment: Rather than resolving conflict, investigations can deepen animosity between parties.
- Uncertain outcomes: Even if the allegations are proven, they may not breach a policy or justify dismissal. The result? The parties may still have to work together come Monday morning.
Mediation Before Investigation
So, what’s the alternative?
In many cases, conflict can be addressed through dialogue — either directly between the parties or through a facilitated conversation. This might involve a neutral coworker, an HR representative, or an experienced external mediator.
Unfortunately, dialogue is often treated as an afterthought in workplace policies — a brief mention before defaulting to a formal investigation. And when mediation is offered, it’s typically offered by someone internal who may not be perceived as neutral by the parties.
External mediation is a powerful yet underutilized resource. While it’s sometimes recommended after an investigation concludes, that’s often too late. By then, the relationship may be fractured beyond repair. If mediation had been pursued earlier, the investigation itself might have been avoided altogether.
Benefits of early mediation include:
- Preserving relationships: Parties are more likely to feel heard, gain understanding of the other person, and restore trust.
- Empowering employees: Parties retain control over the process and the outcome.
- Cost-effectiveness: Mediation typically takes a day or two, not weeks (or months or years).
- Sustainable solutions: Resolutions crafted by the parties themselves often have more buy-in and durability.
Imagine a conflict where one employee is offended by another’s language in the workplace. An investigation might determine that the conduct met the threshold for bullying or harassment—or it might not. Either way, the parties may still have to work together, the complainant may not receive an apology, and tensions may only deepen.
In contrast, a mediated process could lead to a shared understanding of what respectful communication looks like, clear expectations moving forward, and even an apology — helping both parties move on with mutual understanding and a path forward.
Takeaways:
For Employers:
- Include mediation in your workplace policies: not just as an afterthought, but as a core option.
- Allow flexibility: build in flexibility in your policy so even if an investigation has started, it can be paused or pivoted to dialogue if appropriate.
- Educate your team: help employees understand that mediation is not about compromise at all costs but about building understanding and crafting their own resolutions to conflict.
For Employees:
- Explore alternatives: investigations may not deliver the validation or resolution you expect.
- Understand the risks: in an investigation, you may lose privacy and control and still be required to work with the other party at the end of the day.
- Value your voice: mediation gives you a say in the process and the outcome.
For Counsel:
- Draft workplace policies that include mediation: make it a visible and viable option.
- Educate about mediation value: help both employer and employee clients see the value of dialogue and restoration in the workplace.
Conflict doesn’t have to be a zero-sum game. By moving from rigid procedures to restorative practices, we foster workplaces built on empathy, understanding, and meaningful restoration. And if mediation isn’t appropriate or doesn’t succeed, a formal investigation always remains a viable path.
That’s the strength of a flexible approach: begin with the least intrusive option and escalate only when necessary. At the very least, you’ve created space for a people-centered resolution.
This blog is not legal advice and only provides general information. Every situation must be considered on its own facts.
Our team of employment lawyers, workplace investigators, and mediators in BC and Alberta are ready to answer your questions. Contact us [email protected] or 604-535-7063.