Workplace Investigations
Workplace Mediation Lawyers Ontario
Resolving Workplace Conflict Through Structured, Legally Informed Mediation
An investigation can tell you what happened. It cannot fix the relationship, rebuild the team, or undo the damage that brought the complaint in the first place. And not every workplace conflict needs an investigation at all, sometimes what the situation actually calls for is a direct, facilitated conversation between the people involved.
The Greenwood Law Team
Greenwood Law’s mediation team has spent over 15 years working inside workplace disputes, conducting investigations, defending respondents, advising employers, and resolving the conflicts that investigations leave behind. That is the experience our mediators bring into the room.
Workplace Mediation Law Firm
Greenwood Law provides workplace mediation services for employers, employees, and teams across Ontario. The reason our mediation practice works is that it sits inside a broader workplace investigation practice. Our mediators understand the Occupational Health and Safety Act (OHSA), the Ontario Human Rights Code, and the legal obligations that wrap around workplace complaints, so the agreements that come out of our mediations are not just handshake deals. They hold up.
When Workplace Mediation Is Appropriate
As an Alternative to Investigation
Not every complaint calls for a formal investigation. If the conduct alleged falls short of a policy breach or legislative violation, or if both parties are open to working it out, mediation can get at the underlying conflict more effectively and with far less disruption. A threshold assessment is often the right starting point for figuring out whether mediation, investigation, or some combination of both is the appropriate response.
One important caveat: mediation cannot replace an investigation where the employer has a legal obligation to investigate. Section 32.0.7 of the OHSA requires investigation of certain complaints regardless of whether the parties would prefer to mediate. We advise employers on where that line falls.
After an Investigation
Investigations determine what happened. They do not repair relationships, rebuild trust, or address the workplace dynamics that contributed to the complaint. In our experience, the period following an investigation is often the most difficult for everyone involved, the complainant, the respondent, their colleagues, and the management team. Workplace restoration frequently begins with mediation between the affected parties.
For Ongoing Team or Interpersonal Conflict
Not every toxic dynamic involves a policy violation. Persistent friction between colleagues, a team that has stopped functioning, a manager whose style is alienating people, these situations can do as much damage to productivity and retention as a formal complaint. Mediation gives the parties a structured way to address what is actually going on before things escalate into human rights applications or constructive dismissal claims.
During Employment Transitions
When a termination, severance negotiation, exit agreement, or restructuring turns contentious, mediation offers a faster and less adversarial path than litigation, and it keeps the outcome in the parties’ hands rather than a judge’s.
Who We Work With
Most of our mediation work is for employers looking for a structured way to resolve a workplace conflict, whether instead of an investigation, after one, or as part of a broader workplace restoration effort. We also work with employees and respondents who are willing to sit down and work through a dispute rather than escalate it, regulated professionals dealing with conflicts that carry professional regulatory implications, and in-house counsel and HR leaders who want a mediator that actually understands the legal framework these disputes live inside.
Hear From Our Clients
Workplace Mediation Lawyers
Resolve workplace conflicts through structured, legally informed mediation, led by experienced investigation lawyers who understand both the legal obligations and the human dynamics.
Table of Contents
Hear From Our Clients
Workplace Mediation Lawyers
Resolve workplace conflicts through structured, legally informed mediation, led by experienced investigation lawyers who understand both the legal obligations and the human dynamics.
Our Mediation Process
Intake and Assessment
Before anything else, we need to understand what we are walking into. We speak with the parties (or their counsel) to get a clear picture of the conflict, what each side wants out of the process, and whether there are legal obligations, like a duty to investigate, that need to be addressed before or alongside the mediation. Sometimes the assessment reveals that an investigation or a workplace assessment should come first.
Pre-Mediation Preparation
Each party gets a confidential conversation with the mediator before the session. This is not a formality, it is where we identify the real issues, figure out where the landmines are, and plan a session structure that gives the mediation the best chance of working. If there are legal dimensions at play, accommodation obligations, contractual entitlements, human rights considerations, we make sure both parties understand that context going in.
Mediation Session
We use a combination of joint sessions and private caucuses, depending on what the situation requires. Some conflicts benefit from direct, face-to-face conversation. Others require the mediator to shuttle between the parties, testing proposals and narrowing the gap. There is no fixed formula, we read the room and adjust.
Agreement and Follow-Up
When the parties reach agreement, we put the terms in writing and make sure they are enforceable. In a workplace context, that often means specific commitments around conduct, communication, reporting structures, accommodations, or working arrangements, not vague promises to “do better.” We also advise on what comes next: whether the situation needs ongoing monitoring, scheduled check-ins, or broader workplace restoration work to make the resolution stick.
What Makes Our Mediation Different
Investigation-informed
Our mediators have conducted workplace investigations and understand the complaint landscape from the inside. This means we can identify when a conflict has legal dimensions that need to be addressed, and when the law is not the issue.
Legally grounded
Mediated agreements in a workplace context must account for the OHSA, the Human Rights Code, employment contracts, and workplace policies. A resolution that ignores these obligations is a resolution that will not hold. Our team ensures agreements are legally defensible.
Practically focused
The goal is not just to get something signed, it is to produce an outcome that the parties can actually live with and that the workplace can sustain over time.
Frequently Asked Questions About Workplace Mediation
Is mediation confidential?
Yes. Mediation is a confidential process. What is discussed during mediation cannot be used as evidence in subsequent litigation or tribunal proceedings unless both parties agree otherwise. This confidentiality encourages candour and makes it easier for the parties to explore resolution options without fear of their statements being used against them.
Can mediation replace a workplace investigation?
Sometimes, but not when there is a legal obligation to investigate. If the complaint involves workplace harassment under section 32.0.7 of the OHSA, the employer must ensure an investigation “appropriate in the circumstances” is conducted, and mediation alone will not satisfy that requirement. But for interpersonal conflicts that do not trigger a statutory investigation obligation, mediation is often more effective. And it can work alongside an investigation, resolving the relationship dynamics that the fact-finding process was never designed to address.
What happens if mediation does not result in an agreement?
The mediator does not impose a decision, that is not how the process works. If agreement is not reached, nothing is lost. Both parties walk away with all their legal options intact: filing a formal complaint, requesting an investigation, bringing an application at the HRTO, or proceeding to litigation. And nothing said during the mediation can be used in those subsequent processes.
How long does workplace mediation take?
Most workplace mediations wrap up in one to three sessions. A straightforward interpersonal conflict can often be resolved in a single half-day sitting. Matters that are more layered, post-investigation situations, multi-party disputes, conflicts with a long history, may need additional sessions to get to a durable resolution.
Do both parties need to agree to mediation?
Yes, mediation only works if both parties are willing to engage in good faith. You cannot force someone into a productive conversation. If one side is unwilling, other approaches may be more appropriate, a workplace assessment, a facilitated discussion with a different structure, or a more formal process altogether.
Workplace Mediation Lawyers
If your organization is dealing with a workplace conflict, or recovering from an investigation, and you are considering whether mediation might be the right approach, contact Greenwood Law to discuss your situation. We can help you assess whether mediation is appropriate and design a process that fits your circumstances.
Our workplace investigation lawyers serve employers and professionals across Ontario and throughout Canada.
Areas We Serve
At Greenwood Law, we proudly serve clients across Ontario & throughout Canada, including:
