A workplace investigation decides what happened: it gathers evidence and makes findings about whether specific allegations are substantiated. Mediation helps people in conflict reach their own agreement about how to move forward, without deciding who was right. Serious allegations, such as sexual harassment, violence or fraud, usually need an investigation; interpersonal conflict without allegations of misconduct may suit mediation or another informal approach.

How do they compare?

	Investigation	Mediation
Purpose	Establish facts and make findings on allegations	Resolve a dispute and restore working relationships
Outcome	Report with findings; employer decides any action	Agreement between the parties, if they reach one
Participation	Employer-directed process	Generally voluntary
Decides who is right?	Yes, on the balance of probabilities	No
Can support discipline?	Yes	Not designed for it
Best for	Misconduct, harassment, bullying, fraud, safety issues	Personality clashes, communication breakdowns, low-level conflict

When is an investigation the right choice?

the allegations, if true, could be misconduct or lead to disciplinary action
there is a power imbalance between the people involved
the matter involves sexual harassment, violence, discrimination or fraud
the employer needs findings to meet its legal obligations or manage a safety risk
the people involved do not agree on what happened, and it matters.

When might mediation be better?

both people want to keep working together and are willing to take part
the issue is a conflict of styles or communication, not misconduct
there is no significant power imbalance or safety concern.

Why not just mediate a serious complaint?

Asking someone who has reported sexual harassment or bullying to sit down with the person they have complained about can cause further harm, and may not meet your obligations. Under the positive duty, employers must take reasonable and proportionate measures to eliminate sexual harassment, and Queensland’s WHS rules require psychosocial risks to be managed. An informal resolution can be appropriate when the complainant genuinely chooses it, but it should not be a way to avoid establishing the facts of a serious allegation.

Can you do both?

Yes. Sometimes an investigation is followed by facilitated conversations, team rebuilding or training once findings are made. BION Partners’ post-investigation culture work includes training to help managers and employees resolve conflict.

Not sure which you need?

BION Partners deals with matters from informal complaints to complex formal investigations. Contact us for a free consultation and we will talk through the options.

General information only. This page explains the law in general terms and is not legal advice. For advice about your situation, speak with a lawyer.

Sources

Checked 22 October 2026. Laws and guidance change; check the source before relying on it.

Workplace investigation vs mediation: which one do you need?