Workplace Mediation — Gillette Mediation

Workplace & Employment Mediation · Washington State

When the working relationship is worth saving.

Not every workplace conflict needs to end in a resignation, an investigation, or a lawsuit. Facilitative mediation gives an employee and an employer a structured, confidential way to work through the hard conversation — and keep working together afterward.

A different kind of mediation

Most employment mediation happens after the relationship is already over. This happens before.

By the time a dispute reaches litigation, the question is usually how to part ways. Facilitative mediation steps in earlier — while the employee is still on the job — to rebuild trust, clear up misunderstandings, and put a workable agreement in place so good people can stay.

Facilitative workplace mediation

Repair the relationship

  • The employee is still employed and intends to stay
  • The goal is a healthier working relationship going forward
  • The mediator guides the conversation — the parties decide the outcome
  • Confidential, voluntary, and often resolved in a single sitting
  • Usually arranged before a claim or formal complaint is filed
Traditional settlement mediation

Resolve the claim

  • A lawsuit or formal charge already exists
  • The goal is a dollar figure and an exit
  • The mediator pushes toward a number both sides can accept
  • The working relationship typically ends
  • Lawyers, demands, and litigation posture drive the room

The Process

Structured, calm, and built to finish.

A facilitative mediation is a guided conversation, not a hearing. Here is what to expect.

1 Confidential intake

Each participant speaks with the mediator privately first. Nothing is shared with the other side without permission. This is where concerns, hopes, and ground rules get set.

2 Private pre-sessions

Short one-on-one sessions let each person be heard, identify what actually matters to them, and prepare to speak candidly — without an audience.

3 The joint conversation

With the mediator guiding, both parties talk through the issues directly. The mediator keeps it constructive, balanced, and focused on the path forward — never on assigning blame.

4 A working agreement

The session ends with a clear, practical agreement — commitments, expectations, and next steps both sides can live with. An optional check-in confirms it is holding.

Two sides of the same table

Whether you sign the paychecks or earn one.

For Employers & HR

Keep good people. Avoid the claim.

Turnover, disengagement, and formal complaints are expensive long before a lawyer is involved. Early, neutral mediation protects your team and your reputation.

  • Resolve friction before it becomes a complaint, charge, or claim
  • Retain trained, experienced employees you would rather not replace
  • A neutral, attorney-led process — not another internal meeting
  • Confidential and privileged, kept outside the personnel file
  • Fast scheduling and a flat, predictable fee
For Employees

You don't have to quit — or sue.

If something at work has gone wrong but you want to stay, there is a path between staying silent and lawyering up. Mediation gives you a fair, confidential place to be heard.

  • A neutral third party who isn't on anyone's side
  • Your concerns heard fully — and kept confidential
  • You control the outcome; nothing is decided for you
  • The employer almost always covers the cost
  • A way to repair the relationship and move forward at work

Already know mediation could help your situation? You can be the one to suggest it.

The Mediator

A neutral who has actually sat in both chairs.

Rob Gillette practiced employment law on both sides of the table — representing employers, employees, and public entities. He has also been the decision-maker: as CEO of a multi-site organization with more than 250 employees, he managed real employment issues, repaired real teams, and lived with the consequences of getting it right or wrong.

That balance is the whole point of facilitative mediation. Rob isn't there to win for anyone. He's there to help two people who still have to work together find a way to do exactly that.

  • Former employment litigator — both employer and employee side
  • Former CEO managing 250+ employees and complex workplace matters
  • Calm, efficient, results-driven — grounded in real-world decisions
  • Technology-forward scheduling that respects everyone's time
  • Serving employers and employees across Washington State

Common Questions

What people ask before they begin.

Who pays for the mediation?
In workplace mediations between an employee and their employer — or between coworkers — the employer typically pays the fee. Gillette Mediation works on a single flat fee for the engagement rather than charging each person separately, so the cost is predictable. See Fees & Policies for current rates.
Is it really confidential? Will it go in my file?
Mediation is private by design. Communications made in mediation are generally confidential and privileged under Washington's mediation law (RCW 7.07) and under the confidentiality agreement every participant signs before starting. The sessions are not recorded, and the conversation is kept separate from the personnel file. The mediator does not report a "who was right" verdict to anyone.
If I'm an employee, will my employer know I asked?
You can reach out to learn how the process works without committing to anything, and intake conversations are confidential. Mediation does require both parties to agree to participate, so at some point the employer will be invited — but how that invitation happens can be handled thoughtfully, and many employers welcome the chance to resolve something early. We can talk through the most comfortable way to raise it.
Is mediation voluntary?
Yes. No one is forced to participate, and no one is forced to agree to anything. Either party can end the process at any time. Because it is voluntary, the agreements that come out of it tend to hold — people keep commitments they helped write.
What's the difference between this and a lawsuit or an HR complaint?
A complaint or lawsuit asks someone else — HR, an investigator, a judge — to decide who is right. Facilitative mediation keeps the decision with the two people in the room. There is no finding of fault, no discovery, and no public record. The focus is on a working relationship going forward, not on building a case.
Do we need lawyers present?
Usually not. Because the goal is repairing a working relationship rather than settling a legal claim, most facilitative workplace mediations happen without attorneys in the room. You are always free to consult your own counsel, and either party may choose to have a representative present.
What if we don't reach an agreement?
Nothing is lost. Because mediation is confidential, what was discussed cannot be used against anyone later. Many disputes resolve in a single session; when they don't, the parties often leave with a clearer understanding of each other and more options than they walked in with — not fewer.
How long does it take, and is it in person or remote?
Most workplace mediations are completed in a single half-day or day, often within a week or two of intake. Sessions can be held in person or by secure video — whichever works best for the participants. Scheduling is handled through our automated, low-friction process so you are not stuck in a chain of "who's free when" emails.
Is the agreement binding?
That's up to the parties. The outcome can be a practical action plan, or it can be put into a written agreement the parties sign. We'll discuss the right level of formality for your situation. Nothing is binding unless the parties choose to make it so.

A hard conversation, handled well, changes everything.

If there's a working relationship worth saving — yours, an employee's, or your team's — let's talk about whether mediation is the right next step. The first conversation is confidential and carries no obligation.

Gillette Mediation provides neutral, facilitative dispute-resolution services and does not represent or provide legal advice to participants. Information on this page is general and not legal advice. Confidentiality and the terms of any agreement are governed by the written agreement signed by the participants and applicable Washington law.