Can Workplace Bullying Cases Only Be Handled Through a “Formal Investigation”?Seven Key Points HR Managers Must Know About the “Mediation Procedure”

“The Ministry of Labor’s Guidelines for Preventing Illegal Infringement During the Performance of Duties published in February 2025 mentioned on page 13 that misunderstandings may be clarified through informal meetings and opportunities for ‘mediation’ may be provided. In addition, Article 22-2, Paragraph 1, Subparagraph 2, Item 2 of the upcoming Occupational Safety and Health Act amendments also states: ‘Assist bullied employees in mediation according to their wishes.’

Recently, we have encountered several workplace bullying complaints and would like to adopt mediation or coordination procedures. However, we are worried about being misunderstood as pressuring the complainant or trying to cover things up internally. What is the proper way to handle this?”

A CHRO of a financial holding company asked me this question.

Many HR professionals indeed have mixed feelings about “mediation” and “coordination” procedures — both hopeful and fearful at the same time.

Over the years of handling workplace bullying cases, I have often seen HR managers caught between labor and management, department heads and frontline employees, struggling to balance competing interests. In practice, many cases labeled as “workplace bullying” may simply stem from generational communication gaps, differences in management styles, or mutual misunderstandings. If the only available option is to launch a formal investigation, it not only consumes significant company resources but also places tremendous psychological pressure on both parties involved.

The new law provides a more flexible and efficient option — the “mediation procedure.” Through dialogue, misunderstandings may be clarified quickly, and damaged employee relations may be repaired. However, if handled improperly, HR may instead be accused of “covering up cases,” “protecting insiders,” or “suppressing whistleblowers.”

To ensure that mediation/coordination procedures are conducted lawfully and fairly without harming the rights of the parties involved, I have summarized seven core principles and practical guidelines below. These principles not only protect employees, but also serve as a safeguard for companies and HR professionals themselves.

Keywords: Workplace Bullying, Mediation, Coordination Procedure, Workplace Violence Prevention, Human Resource Management, Labor Law Compliance, Complaint Investigation, Psychological Safety at Work, Whistleblower Protection, Corporate Compliance, Conflict Management

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1. Understand the Nature of the Conflict — Replace Confrontation with Coordination

In many situations, what the complainant truly needs is simply an opportunity to be heard, along with a sincere explanation or apology from the other party. Although formal investigations may better uncover the truth, they are often impersonal and time-consuming. Mediation procedures, on the other hand, provide a relatively safe buffer zone.

After gaining a preliminary understanding of the case, HR managers may proactively introduce the advantages of mediation if they determine that the dispute mainly arises from communication gaps. This can significantly reduce the anxiety associated with lengthy investigations while also demonstrating the company’s commitment to workplace psychological safety and transforming crises into opportunities.

2. Absolutely Respect the Parties’ Wishes — Return Procedural Choice to Employees

The core principle of mediation is “respect for the parties’ intentions.” The law explicitly grants complainants the absolute right to choose the procedure. Employers or handling units must never force parties into mediation under the guise of “considering the bigger picture” or “maintaining harmony,” nor should they pressure both sides into reconciliation behind closed doors.

At any point during the process, if either the complainant or the respondent feels uncomfortable, dissatisfied with the progress, or unable to sense sincerity from the other side, they have the right to stop the mediation immediately. Respecting individual choice is the first step toward building mutual trust.

3. Carefully Select a Neutral Facilitator — Professional Expertise Is a Major Advantage

Whether mediation succeeds largely depends on the “neutral facilitator” leading the discussion. Employers must arrange mediators based on neutrality, objectivity, fairness, and impartiality. Moreover, the selected mediator must be approved by both parties before taking on the role.

To improve communication and empathy, I strongly recommend that HR professionals consider appointing external professionals with mediation experience — such as lawyers, psychological counselors, or conflict management specialists — instead of relying solely on internal supervisors. External third parties are often more persuasive and can better avoid accusations of favoritism or retaliation against whistleblowers. Professional facilitation frequently helps both sides lower their defenses and express their true concerns.

4. Strictly Observe the “One-Month” Golden Timeline — Avoid Delays and Cover-Up Allegations

In practice, one of the greatest risks in workplace bullying cases is unreasonable procedural delay. To prevent employers or powerful parties from abusing mediation to pressure employees, stall proceedings, or minimize the issue, the new law imposes strict time limits.

If both parties fail to reach a consensus within one month from the initiation of mediation, the mediation process must immediately cease according to law. This rule not only protects employees but also reminds employers to act proactively and uphold the highest standards of labor law compliance while preventing further disputes.

5. Put Agreements in Writing — Documentation Is the Best Protection

If both parties successfully resolve their conflict and reach a consensus during mediation, HR professionals should firmly uphold the principle of:

“No hard copy, no case closure.”

The mediator must prepare a formal written record documenting both the original facts of the workplace bullying complaint and the final agreed mediation terms. After drafting the document, both parties should personally verify its accuracy, carefully read every word, and then sign or stamp it.

This written documentation effectively prevents future disputes caused by regret, memory lapses, or differing interpretations. In HR practice, it is an indispensable form of protection.

6. If Mediation Fails, Seamlessly Continue the Formal Investigation

We must recognize that not every mediation process will end in reconciliation. If either party is unwilling to continue, or if no agreement is reached within the one-month limit, employers must not simply archive the complaint under the assumption that “we already handled it.”

Nor should employers repeatedly delay proceedings in hopes that the complainant will eventually give up. Once mediation exceeds the one-month limit without resolution, HR personnel must immediately proceed with the formal investigation process while continuing to implement necessary protective and separation measures.

Ensuring full compliance with labor regulations is a legal obligation that employers cannot avoid.

7. Become a Warm and Trustworthy Workplace Guardian — Demonstrate the True Value of HR

Handling workplace conflicts requires not only an understanding of labor law compliance, but also empathy, humanity, and compassion. When HR managers skillfully utilize mediation procedures in sensitive cases, they can save companies substantial investigation costs, reduce litigation risks, and genuinely repair organizational fractures.

When you can inject warmth and care into otherwise cold legal procedures and help employees move beyond emotional distress, the value you create goes far beyond routine administrative work. This is the best opportunity to promote a friendly and psychologically safe workplace while demonstrating the true strategic value of HR.

A Final Reminder from Attorney Chen Yeh-Hsin

When facing workplace conflict cases, HR professionals should make good use of external expertise and allocate company resources where they matter most. Rather than mechanically conducting investigations, choose procedures that are both appropriate and efficient.

By adopting a smarter and more compassionate approach to protecting employee rights while balancing the company’s long-term development, HR professionals can fully demonstrate the irreplaceable strategic value of their profession.