1. Mediation is voluntary — always
Nobody can be required to mediate. Either person can decline at the start or stop part way through, and withdrawing is never treated as being uncooperative. If someone says they do not want to take part, or that they do not feel safe doing so, mediation ends there.
2. Stop when there is a risk of harm or possible criminal conduct
Assault, sexual assault, threats of violence, stalking, weapons or any immediate risk to someone's safety take the matter out of mediation entirely. So does coercion — anyone being pressured or told they must take part.
These situations need a human process: the employer's formal procedure, and where anyone is in immediate danger, the emergency services.
3. Stop when findings of fact are needed first
Some complaints cannot sensibly be talked through until someone has established what happened. Allegations of misconduct, and most whistleblowing concerns, usually need an investigation and a finding before any facilitated conversation is appropriate. Mediation afterwards can still help repair the working relationship.
4. Watch for power imbalance
A conversation between a junior employee and the person who controls their job, pay or immigration status is not automatically unfair — but it needs thought. Where the imbalance is significant and unmanaged, a fair conversation is unlikely, and a formal route protects both sides better.
5. Sensitive topics are assessed, not excluded
Acas lists bullying and harassment among the issues mediation can help with. So a discrimination, harassment or bullying case can proceed here where there is no safety risk, no coercion, both people genuinely want to take part, and no formal finding is needed first. Where any of those is in doubt, the case is paused for a person in HR to decide.
6. How GoMediation.ai applies this
Opening a workplace case includes a short suitability check. Depending on the answers, the case proceeds, pauses for an HR decision, or stops with a redirect to the right route. The same rules run on every message during the case, so something that comes to light later still stops the mediation.
GoMediation is a structured online process. It is not Acas, not a solicitor, and not a formal investigation.
Frequently asked questions
Can a bullying complaint go to mediation?
Sometimes. Acas lists bullying and harassment among the issues mediation can help with. It depends on whether anyone is at risk, whether both people are taking part freely, and whether the complaint needs a formal finding first.
What happens if something serious comes up mid-mediation?
The room stops immediately, nothing further is passed to the other person, both sides see the same explanation, and HR is notified. The record is kept and marked as stopped because the case was not suitable.
Can an employer insist on mediation?
No. Requiring mediation defeats the point and can be read as obstructing a formal procedure. Offer it, explain it, and accept a refusal without penalty.
Is mediation legally binding?
Usually not. What the parties agree is recorded in plain English and can be relied on as a record of what was agreed, but it is not a court order or a settlement agreement.
Who decides if a paused case can go ahead?
A person in HR. They can allow mediation to continue, keep it paused and open a formal process, or stop it and redirect. The decision, who made it and when are all recorded.
This is general guidance on UK workplace practice, not legal advice. If a case is contested, high-risk, or involves discrimination, ill-health or long service, take advice from a solicitor or ACAS before acting.
Next step
GoMediation.ai checks suitability when a workplace case is opened and keeps checking as the conversation runs — so unsafe cases are stopped and pointed to the right route.
Suitability built into every workplace case