Mediation by Consent

Mediation by Consent

Employers or employees can bring an employment dispute to the Commission for 'mediation by consent', provided that all parties to the dispute consent to the mediation. An employment dispute includes a potential employment dispute.

The role of the Commission

The Commission does not have the power to arbitrate or make a decision in relation to the employment dispute. It also cannot determine the rights or obligations of a party or compel a party to do anything. Instead, the outcome of the mediation is controlled by the parties to the dispute. If an agreement is reached, the Commission may, with the consent of the parties, register the agreement as a mediation settlement agreement which is binding on all parties.


Step 1 - Lodgement: You may make a request for mediation of an employment dispute by filing a Form M1 - Request for Mediation. You can lodge the form in the Registry of the Commission in person, by email or by post.

Informal requests can be made by contacting the Commission online or by telephone, facsimile, email or letter.

Step 2 - Mediation conference: After lodging a referral agreement, the Commission will contact you to arrange a mediation conference. The Commissioner will consider the case from both sides and can help the parties make a genuine effort to resolve their employment dispute. There can be one or more conferences as necessary.

Possible outcomes

If an agreement is reached, the Commissioner may register the agreement as a mediation settlement agreement, which is binding on all the parties and may be enforced as if it was an industrial agreement under the Industrial Relations Act 1979 (WA). However, such an agreement cannot vary the operation of an existing award, order or industrial agreement.