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Workplace mediation: resolving conflict before it becomes a claim
June 2, 2026
There are 72,000 claims waiting to be heard, according to the latest Employment Tribunal (ET) statistics.
Unfortunately, the backlog is growing year on year, increasing by 26,000 over the last 12 months.
Our employment law expert and accredited mediator, Damian explores what the future of these claims may look like and how workplace mediation may be an alleviator.
There are a number of factors that are contributing to the ET delays, including years of underfunding of the system and the growing use of AI by unrepresented Claimants, which is causing AI-generated claims that are not credible, but which must still be scrutinised.
With recent and upcoming employment law reforms, there is an estimate, based on government research, that there will be a further 9,000 Acas early conciliation referrals a year, of which about 3,000 will progress to a tribunal claim. Some regions are already listing final hearings in 2030. It’s reasonable to assume that the position is going to get worse until properly addressed. Those employees with genuine claims cannot get justice and employers fighting unfounded claims cannot get quick closure.
In November 2025, Acas published its findings regarding individual conflict in the workplace in Great Britain (How Prevalent is individual conflict at work in Great Britain in 2025?). It found that workplace conflict costs businesses a staggering sum of £28.5 billion per year.
Acas found that 44% of working-age adults had experienced conflict at work during the previous 12 months. “Conflict” was defined as “disagreements, disputes or difficult working relationships” and it could relate to an isolated incident or be ongoing.
The prevalence of conflict was 46% in SMEs and 42% for large organisations. The most common source of conflict was “capability and performance” issues, which was experienced by 38% of respondents. Most significantly, 82% of conflicts were between internal people, broken down as follows: colleague in organisation 39%, line manager or supervisor 32%, direct report 11%.
The impact of workplace conflict can be significant. 57% of respondents suffered stress, anxiety or depression. 49% experienced a drop in motivation or commitment.
One solution to such conflict is workplace mediation. It can resolve conflict early, before formal processes, legal action, or resignations. It’s faster and less distracting than grievances, cheaper than tribunals, and, most significantly, preserves working relationships rather than destroying them.
Workplace mediation is a confidential, voluntary process where an impartial third party (the mediator) helps two or more people in dispute to reach a mutually acceptable resolution. It’s not about deciding who’s right or wrong. It’s about a structured approach to a constructive conversation that gets to the heart of the issue and finds a way forward both parties can accept. It is very effective in resolving those 82% of conflicts involving internal parties.
Unfortunately, far too often, workplace mediation is perceived to be an option of last resort, by when employees have already been signed off sick for lengthy periods or relationships have become very strained.
Our advice is to embrace workplace mediation at a much earlier stage. Resolving conflict is about communication and mutual understanding. Ideally, issues can be nipped in the bud through informal discussion. However, if it is clear that some form of intervention is needed, then we recommend workplace mediation. Success rates are high when both parties genuinely engage. Even when full agreement isn’t reached, mediation often improves the situation enough to allow the parties to function together. Relationships don’t always have to be perfect; they just need to be workable.
As part of Darwin Gray’s “What keeps HR awake at night” webinar series, we are delivering a free session on 10 June – “When mediation actually works (and when it doesn’t)”. Find out more/book your free place here.
Workplace mediation will give the parties a sense of ownership, whereas other processes, such as a grievance procedure, can be perceived as being out of their control and will inevitably result in resentment by someone, given that generally the outcome results in there being a “loser”. Consequently, it will hopefully prevent workplace conflicts from resulting in claims and adding to the Employment Tribunal statistics.
If you would like more information on mediation or to talk to one of our employment team about a workplace conflict or ET claim, get in touch with Damian on 02920 829 126 or dphillips@darwingray.com or fill in our Contact Us form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
