📅 Free webinar: Monday, October 19, with Elena Lucas · Reserve your spot here
Let's be honest: conflicts arise at work sooner or later. A colleague you just can't reach an agreement with, a boss who doesn't understand you, a dismissal that doesn't seem fair… It happens to everyone. The question isn't whether conflicts will occur, but what we do about them.
That's where the labor mediationA neutral person sits down with the parties, not to say who is right, but to help them talk and find a solution that works for both of them.
To delve deeper into the subject, the Monday, October 19 We held a webinar with Elena Lucas, author of this article. Sign up for free here and get answers to your questions.
A story that will surely sound familiar to you.
Lucía and Javier have been in the same department for four years. At first, they got along well, but since Javier was promoted to coordinator, everything has gone downhill. She feels he controls her too much and no longer trusts her work. He believes Lucía doesn't accept her new role and questions her in front of others. The result: cold emails, tense meetings, and an entire team walking on eggshells.
Who was right? Probably both of them a little, and neither entirely. When they finally sat down with a mediator, they discovered that the real problem wasn't personal: no one had explained the exact responsibilities of Javier's new position. He was improvising, and she felt her space was being invaded. Two sessions were enough for them to agree on how to divide tasks and how to give each other feedback privately. They didn't become best friends, but they were happy working together again.
That's the magic of mediation: many times The conflict that is seen is not the conflict that exists.
Types of labor mediation: official and behind closed doors
Official mediation. If you are fired or owed money, before going to court you almost always have to go through a conciliation or mediation process with the service in your autonomous community (in Madrid, for example, the SMAC). When the conflict is collective, such as a stalled collective agreement or a potential strike, unions and companies have their own services, such as the CHASM at the state level or the SERCLA in Andalusia.
Internal mediation. It's used within companies to resolve conflicts between colleagues, tensions with a manager, or a negative atmosphere following a change. No lawyers or lawsuits involved: just people talking to someone who helps them listen to each other.
⚠️ Pay attention to the deadlines: If you get fired, you have 20 business days To file a claim, submitting the conciliation form stops that deadline. Don't leave it until the last day. You can consult the regulations in the Law regulating social jurisdiction.
Signs that the time has come to mediate
There's no need to wait for the situation to explode. Mediation is worth considering when:
- You talk more of that person who with that person.
- Everything is communicated in writing, with a copy to half the department "just in case".
- Meetings are either a battlefield or an awkward silence.
- You've started avoiding hallways, meals, or the coffee machine.
- Someone from the team has already said that they are considering leaving because of the atmosphere.
If you recognize yourself in two or more, it's probably a good time.
What is a mediation session like?
Many people imagine something similar to a trial and arrive on the defensive. It's nothing like that. Although each mediator has their own style, they usually follow these steps:
- Rules of the game. Everything is confidential and voluntary, and no one will pass judgment.
- Each one tells their own version, Without interruptions. For many, it's the first time in months that the other person has listened to them until the end.
- From “what I want” to “what I need”. “I want you to stop sending me emails at eleven o’clock at night” hides something like “I need to disconnect and have my time respected.” Positions clash; needs can almost always be met.
- A shower of solutions, without yet judging the options.
- Specific agreement: who does what, from when and how it will be reviewed.
Myths about labor mediation
- “Mediation is for weaklings.” On the contrary: it takes courage to sit down with someone you have a bad relationship with.
- “The mediator is on the side of the company.” A good mediator is neutral; if they are not, it ceases to be mediation. If there is significant mistrust, an external mediator can be brought in.
- “If I go to mediation, I waive my rights.” No. If there is no agreement, the legal route remains open.
- “"It's a waste of time, the other person isn't going to change."” Perhaps their personality won't change, but the way you work together will.
Benefits of mediation at work
For you: being heard and a quick resolution, without endless litigation. For the company: lower expenses, fewer absences, and less turnover. For the team: a restored positive work environment. And a less visible benefit: those who go through successful mediation learn to manage future conflicts better, even independently. If you want to learn about its legal framework, the Law 5/2012 on mediation in civil and commercial matters It's a good starting point.
How to prepare for mediation
- Think about what really bothers you, not just the last thing that happened.
- Ask yourself what you would need to feel better and come up with some ideas for solutions.
- Put yourself in the other person's shoes for a minute.
- Go in with an open mind: if you go in convinced that you're going to "win", you'll come out losing.
When is mediation NOT recommended?
If there is harassment, Mediation is not the solution: the person must be protected and an investigation opened, not brought to the table to "make peace" with their harasser. It also doesn't work when there's such a significant power imbalance that one party can't speak freely. And if the underlying problem is excessive workload, talking helps, but someone will have to change things. Each case must be analyzed individually.
Webinar with Elena Lucas: Monday, October 19
Want to see how all this applies to real-world cases and get your questions answered live? Join us for our webinar:
- Date: Monday, October 19, 2026
- Hour: 5:30 p.m.
- Speaker: Elena Lucas, Lecturer at the EIM Master's in HR, HR expert.
- Format: online and free
In summary
Conflicts aren't avoided, they're managed. And it's almost always better to talk things out early than to end up in court. After all, you'll still be sharing an office and a coffee machine tomorrow.
Do you want to learn how to manage workplace conflicts? Sign up for the webinar on October 19th.
