WRC Mediation for Employers: How the Service Works in Ireland
How WRC mediation for employers works: it is voluntary and confidential, how a referral proceeds, and what happens if the parties agree or do not.
WRC mediation is a service run by the Workplace Relations Commission (WRC) to help the people in a workplace dispute reach an agreement of their own, without a formal hearing. For employers in Dublin and across Ireland it is worth understanding before a complaint arrives, because, once a complainant opts in, the WRC contacts the respondent to ask whether it will take part. Internal procedures are covered separately in our guide to the grievance and disciplinary code of practice; this article covers the WRC's mediation service.
It is based on the WRC's own mediation pages, the WRC's pre-adjudication mediation FAQs (marked "Updated 29 September 2026"), the WRC Mediation Code of Practice and Ethics (reviewed and updated May 2025) and the Citizens Information page on workplace mediation (page edited 11 August 2026). It is general information, not legal advice.
What WRC mediation is
According to the WRC, mediation aims at a "mutually acceptable agreement or outcome" to a dispute or claim, and it can help the parties avoid a formal adjudication hearing or another third-party process. The WRC describes it as a confidential service that is free to all users.
The mediator does not decide who is right. The WRC's Mediation Code of Practice and Ethics says: "It is not the role of the Mediator to determine the rights or wrongs of the situation or to adjudicate the outcome." It also says the parties are the owners of the process and are responsible for the terms of any settlement they reach.
Two situations where employers meet it
- Pre-adjudication mediation. An employee has already registered a complaint with the WRC. The WRC FAQs say a complaint must be registered before pre-adjudication mediation can take place, and that it covers both employment rights and equality matters.
- Workplace mediation. Citizens Information says the WRC also offers mediation for internal workplace issues, including personal differences, breakdowns in working relationships and issues arising from grievance or disciplinary procedures. The WRC's code notes that workplace mediation has no statutory basis, so signed written agreements "may be subject to standard contract law".
Is WRC mediation voluntary?
Yes, in the sense that it depends on consent. The WRC's mediation page says the WRC first checks whether the respondent is open to mediation and that, once both parties agree, it chooses between telephone and face-to-face formats. The Code of Practice and Ethics states that mediation cannot proceed if either party objects to a referral, and that either side can withdraw consent at any stage. The mediator can also withdraw if mediation seems unsuitable or is becoming harmful.
In practice the employee opts in first. The WRC FAQs explain that the complainant ticks the mediation box on the complaint form, and the WRC then asks the other side whether it will take part. The pages we read do not describe any consequence of declining, so an employer who is unsure what to do should take advice rather than assume either way.
Is it confidential?
The WRC's materials treat confidentiality as central:
- Sessions are private and settlement terms are not published (Code of Practice and Ethics).
- Information given to the mediator stays with the mediator unless the party who gave it allows it to be shared (Code of Practice and Ethics).
- In pre-adjudication mediation, if the dispute is not resolved, the mediator does not pass information to the Adjudication Officer and cannot be called to give evidence about the mediation (Code of Practice and Ethics).
- The FAQs say the adjudicator is not told that mediation took place and will not consider what was said or offered, and that the mediator's notes are destroyed once mediation is completed.
A separate WRC page on mediating employment rights complaints, which shows no date, adds that mediation communications, records and notes cannot be disclosed in later hearings, investigations or court proceedings, except proceedings about a breach of an agreed resolution.
How the process works
- Step 1, the referral. The employee selects the mediation option on the online complaint form and the WRC contacts the employer to ask if it will take part.
- Step 2, the format. If both sides agree, the WRC decides between telephone and face-to-face mediation. According to Citizens Information, in-person mediation is used for equality cases, for more complex employment rights cases such as unfair dismissal, or where the parties prefer face-to-face meetings. In telephone mediation the mediator contacts the employer first and then consults each party separately by phone or email.
- Step 3, the session. The FAQs say sessions typically last between 2.5 and 3 hours and in-person mediations usually finish the same day. The mediator first meets each side separately and may then hold a joint meeting. The parties must attend in person at a face-to-face mediation, and they are advised to bring decision-makers.
- Step 4, representation and evidence. The WRC does not require parties to be represented. According to the FAQs, representatives can act for either party in telephone mediation; in a face-to-face mediation the parties must attend in person and cannot send a third party to negotiate in their absence, although representatives and advisers are welcome to attend. No evidence or documentation is required; written submissions are needed only if mediation fails and an adjudication hearing follows.
What happens at the end
If the parties agree, the mediator drafts the terms and both sides sign a final version. The WRC and Citizens Information both describe the agreement as legally binding, and the FAQs say that if one side does not honour it the matter can be brought to court for enforcement. The WRC's page on employment rights mediation refers to Section 39 of the Workplace Relations Act 2015 as the legal basis for the WRC offering mediation.
If there is no agreement, the mediator notifies both sides and the complaint goes on to an adjudication hearing. Because a signed agreement is binding, an employer should be clear about what it is agreeing to before it signs.
For employers with a bullying complaint, Citizens Information lists mediation through the WRC, if both parties agree, as one step in the process alongside the employer's own procedures. Our guide to the bullying at work code of practice covers that process. If the underlying issue is a dismissal, see our unfair dismissal guide.
What the official pages do not say
- The pages we read do not give success rates or any statistics, so we do not quote any.
- The WRC's page on employment rights mediation says mediation is offered in certain cases and that availability depends on factors including resources. It does not set out which cases those are.
- The pages do not say where in-person sessions are held. Citizens Information gives a postal address for written applications (Conciliation, Advisory and Mediation Services, Lansdowne House, Dublin 4), an email address (mediation@workplacerelations.ie) and a telephone number, (01) 613 6700.
- The pages do not cover an employer's own costs, such as staff time or legal advice.
A practical approach for employers
The points below are our suggestions, not legal requirements.
- Our suggestion: before the session, decide who has authority to agree terms and make sure that person attends, since the WRC advises bringing decision-makers.
- Our suggestion: pull together the internal record, such as any grievance or disciplinary outcome, so that the mediator can understand the history quickly.
- Our suggestion: brief managers on confidentiality, so that nobody discusses the process in ways that undermine it.
- Our suggestion: take advice on the wording of any agreement before signing it, given that it is described as binding.
Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.
Frequently asked questions
Can an employer be forced to take part in WRC mediation?
The WRC's code states that mediation cannot proceed if either party objects to a referral, and the WRC's mediation page says the process goes ahead if both parties agree. The pages we read do not set out what follows if an employer declines.
Does WRC mediation cost anything?
The WRC describes its mediation service as free to all users, and Citizens Information does not mention any fee. The pages do not address your own costs, such as legal advice or staff time.
What happens if mediation does not resolve the complaint?
The mediator notifies both sides and the complaint proceeds to an adjudication hearing, according to the WRC FAQs. The FAQs also say the adjudicator is not told that mediation took place and does not consider what was said or offered.
Is a mediated agreement binding?
The WRC and Citizens Information describe a signed agreement as legally binding and enforceable through the courts. The WRC's code adds that agreements from workplace mediation, which has no statutory basis, may be subject to standard contract law.
Can we bring a solicitor or HR adviser?
According to the FAQs, representation is not required, and representatives and advisers are welcome. In telephone mediation representatives can act for either party; in an in-person session the parties must attend personally and cannot send a third party to negotiate in their absence.
WRC mediation is a voluntary, confidential way to settle a dispute, and the details above come from the WRC's own pages, so check them again before relying on them.
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Learnsignal Healthcare Education Team
The Learnsignal Healthcare Education Team creates CPD and compliance training content for nurses, allied health professionals, and care providers, drawing on current regulatory guidance from bodies including NMBI and equivalent professional regulators.
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