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Beyond the Investigation: How Mediation Can Address Problematic Workplace Dynamics

Jun 22, 2026 12:00 PM EST | Free, Live Online

When workplace concerns arise, organizations often default to a workplace investigation. But is an investigation always the right answer?

Join workplace investigator and mediator Michelle Bird and employment lawyer Warren Mouck for an engaging discussion moderated by Greg Hutchinson on how employers can determine whether mediation or investigation is the appropriate response to workplace conflict and dysfunction.

We’ll explore the factors that should drive process selection, including legal risk, employee expectations, organizational culture, and psychological safety. We’ll discuss the circumstances in which mediation can effectively address problematic workplace dynamics, the situations where it may be inappropriate, and the risks organizations should consider when making these decisions.

Participants will gain practical guidance on:

  • Identifying when mediation may be a more effective option than a workplace investigation
  • Recognizing situations that require a formal investigative response
  • Balancing legal, organizational, and employee considerations when selecting a process
  • Understanding the role of confidentiality and psychological safety in mediation
  • Documenting and supporting mediation decisions
  • Ensuring meaningful follow-through after mediation concludes

Whether you’re an HR professional, people leader, or workplace investigator, this webinar will provide practical guidance for navigating one of the most important decisions organizations face when addressing workplace conflict: when to investigate, and when to pursue a different path.

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Led by Leading Experts in the Field

Greg Hutchinson
Co-CEO, Barker Hutchinson

Greg has conducted hundreds of investigations on a broad range of complex concerns for both employers and regulators. He frequently provides investigative training to employers and regulators across Canada and assists with the development and implementation of investigative policy and process.

As our Co-CEO, Greg oversees Barker Hutchinson’s business development and financial performance while being steadfastly dedicated to building and supporting a sophisticated team of investigators who share his commitment to fairness, precision and sensitivity. Greg also maintains a small caseload of complex investigations.

Greg is the Administrator of Workplace Investigator Network on LinkedIn, where he facilitates a space for professionals to come together to share knowledge, engage in professional development, and elevate the standards of our industry. Greg also co-organizes the Workplace Investigation in Canada Conference – Canada’s only conference dedicated to the advancement of workplace investigations.

Warren Mouck
Owner and Principal Lawyer, Mouck Law

Warren Mouck is a workplace lawyer who helps employers and employees navigate legal challenges with confidence, candour, and discretion. From hiring and contracts to dismissals and disputes, Warren offers practical, strategic advice and represents clients at all levels of court in Ontario.

Before founding his own firm, Warren spent more than a decade at respected Ontario law firms, advising businesses on all areas of workplace law, including employment standards, occupational health and safety, human rights, wrongful dismissals, and labour relations.
A skilled litigator, Warren regularly appears before the Ontario Human Rights Tribunal, the Labour Relations Board, the Superior Court of Justice, and in grievance arbitrations.

Warren is based in Hamilton, Ontario and provides legal services throughout the province of Ontario. Prior to moving to Hamilton, he taught Civil Practice and Procedure at the Bora Laskin Faculty of Law in Thunder Bay, where he graduated as valedictorian of the charter class. Recognized for his expertise, Warren is regularly invited to speak on labour and employment law by the Law Society of Ontario, Human Resources Professionals Association, and the Hamilton Law Association.

Michelle Bird, LLB, MACP, BA, RP (Qualifying)
Senior Investigator, Barker Hutchinson

Michelle draws on more than 15 years’ experience as a workplace and regulatory investigator to conduct thorough, empathetic, trauma-informed investigations. She maintains an unbiased and open-minded perspective and values improving the quality and dynamics of the workplace by addressing issues in a crisis and by helping clients restore a healthy working environment. Michelle is also an experienced workplace mediator, providing both evaluative and interest-based alternative dispute resolution services, and conducts workplace assessments.

Michelle began her career at the Workplace Safety and Insurance Appeals Tribunal where she articled in the Tribunal Counsel Office. She then spent as eight years an investigator and legal counsel at the Office of the Ontario Ombudsman, where she undertook high-profile regulatory investigations. Michelle then practised at a well-known Toronto-based firm where she conducted workplace investigations into sexual harassment, discrimination, bullying, and other policy violations. Michelle completed a certificate in Dispute Resolution and Alternative Dispute Resolution, and most recently completed an MA in Counselling Psychology.

Her combined experience in investigations and counselling allows her to provide clients with empathetic, impartial, trauma-informed investigations that respect the dignity and psychological safety of all parties and witnesses.

The complete guide to managing sensitive intake processes and achieving the best outcomes. Backed by proven strategies and insights from hundreds of successful investigations.

The Trauma Informed Human Resource Professional's Toolkit