Mediation during track 2: when and how?
- 18/07/2026
- Posted by: Rosalie Derksen
- Category: Uncategorized
Mediation during second-track reintegration is valuable when a workplace conflict is blocking the reintegration process. A damaged working relationship between employee and employer can cause reintegration to stall, even when there are medical possibilities for recovery. Mediation resolves the conflict, allowing the reintegration process to move forward again or enabling a clean conclusion. In this article, we answer the most frequently asked questions about mediation in combination with second-track reintegration.
When is mediation useful during second-track reintegration?
Mediation during second-track reintegration is useful when a workplace conflict disrupts cooperation between employee and employer to such an extent that the reintegration process stagnates. This can arise early in the process, but also later, when it becomes clear that returning to the original employer has become impossible due to mutual tensions.
Second-track reintegration begins while the employment contract is still in effect. It is a reintegration obligation during the continued wage payment period in case of illness — not a consequence of dismissal. This means that employer and employee maintain an active employment relationship throughout the entire process. When that relationship is seriously damaged, it has a direct impact on the progress of the reintegration process.
Signs that mediation may be beneficial:
- There is an official workplace conflict that is partly responsible for the employee’s absence
- Communication between employee and employer has completely broken down
- The employee is refusing reintegration activities due to distrust or fear
- There are disputes about the content of the reintegration action plan
- Both parties want a resolution but are unable to reach one on their own
Around weeks 46 to 52, the first-year evaluation takes place. At that point, it is assessed whether second-track reintegration needs to be initiated. If a conflict is also present at that time, it is advisable not to delay mediation any further.
What is the difference between mediation and reintegration coaching?
Reintegration coaching focuses on guiding the employee toward new employment, while mediation focuses on resolving the conflict between employee and employer. The two processes have different goals, different facilitators, and different outcomes.
In second-track reintegration, the central aim is finding suitable work outside the employee’s current organization. The coaching is directed at the employee: career orientation, job application skills, networking, and improving their prospects on the labor market. The employer is involved as the commissioning party but is not positioned against the employee.
In mediation, employer and employee are on opposing sides, and a neutral third party helps them reach a joint solution. The mediator does not make decisions but facilitates the conversation so that both parties can reach an agreement themselves. Mediation can cover the terms of departure, the structure of the reintegration process, or the settlement of the employment contract.
Both processes can run simultaneously. Mediation resolves the conflict, while reintegration coaching ensures that the employee finds new work as quickly as possible afterward.
Who pays for the mediator in second-track reintegration?
In most cases, the employer covers the costs of mediation during second-track reintegration. This falls under the reintegration obligations the employer holds during the continued wage payment period of up to 104 weeks.
There are situations in which costs are shared or different arrangements apply:
- Employer pays in full: This is the most common arrangement, especially when the employer initiates the mediation or when the conflict has partly arisen from the work situation itself.
- Costs are shared: Sometimes the employer and employee agree to split the costs, for example as part of a settlement agreement.
- Reimbursement through legal expenses insurance: Some employees have legal expenses insurance that covers part or all of the mediation costs.
- Subsidy or reimbursement through the UWV: In specific situations, a reimbursement can be requested, but this does not apply as standard in second-track reintegration.
The UWV assesses retrospectively, at the time of the WIA application, whether sufficient reintegration efforts have been made. Using mediation to get a stalled process back on track can be viewed as a serious effort — which is in the employer’s interest.
How does a mediation process work alongside second-track reintegration?
A mediation process alongside second-track reintegration typically takes place over a limited number of sessions, running in parallel with ongoing reintegration activities. The process is aimed at reaching a concrete agreement between employer and employee.
A mediation process generally follows these steps:
- Intake with the mediator: Both parties are spoken with separately to map out the situation and expectations.
- Joint sessions: Employer and employee meet together with the mediator. On average, two to four sessions are needed.
- Negotiating solutions: The mediator facilitates the conversation so that both parties can express their interests and explore possible solutions.
- Recording agreements: If an agreement is reached, the terms are documented in writing in a mediation agreement.
The reintegration process continues as normal during this time, unless there are medical reasons to pause it temporarily. The occupational physician remains involved and the action plan remains in effect. Mediation does not affect the medical situation, but it can restore the working relationship or enable a clear resolution.
What happens if mediation fails during second-track reintegration?
If mediation fails during second-track reintegration, that does not mean the reintegration process comes to a halt. The reintegration obligation remains in place as long as the employment contract is active and the 104-week period has not yet expired. Both parties must continue to cooperate with reintegration, even if the conflict has not been resolved.
When mediation does not produce results, several follow-up steps are possible. The employer can request an expert opinion from the UWV to assess whether the reintegration efforts have been sufficient. The employee can do the same if they feel the employer is not cooperating adequately.
If the employment contract is ultimately terminated, this can be done through a settlement agreement or through dissolution proceedings in court. In either case, it is important that the reintegration file is in order. A failed mediation need not be an obstacle to this, as long as both parties can demonstrably show they cooperated throughout the process.
Can mediation prevent dismissal during second-track reintegration?
Mediation can prevent dismissal during second-track reintegration, but that is not always the goal. Sometimes mediation actually enables a clean and respectful end to the employment relationship, which is better for both parties than a prolonged conflict.
If the conflict arose from miscommunication or mutual misunderstanding, mediation can restore the working relationship. In that case, the employee may still be able to return to their original employer, making first-track reintegration relevant once again. However, this is not always realistic — especially if second-track reintegration is already well advanced.
More often, mediation during second-track reintegration leads to clear agreements about the terms under which the employment contract will be terminated. This may include a settlement agreement with a reasonable severance payment, clarity regarding the unemployment benefit application, and agreements about the continuation of the reintegration process. This gives the employee peace of mind and the employer certainty.
In that sense, mediation does not prevent dismissal, but it does make the dismissal more manageable and less burdensome for both parties.
How UFIND supports mediation and second-track reintegration
We understand that a workplace conflict during illness carries an extra burden. A broken working relationship makes an already difficult situation even more complex — for both the employee and the employer. At UFIND, we combine more than 15 years of experience in second-track reintegration with a personal and solution-focused approach.
What we offer:
- Tailored coaching for second-track reintegration, adapted to the employee’s unique situation
- One dedicated coach throughout the entire process, so the employee does not have to repeat their story time and again
- Support in complex situations, including those involving a workplace conflict or a challenging labor market
- ACT methodology to transform limiting thoughts into positive action, even in the presence of conflict-related stress
- Coordination with the employer and occupational physician to keep the process running smoothly
Want to know what we can do for your situation? Get in touch and we will be happy to think through the best approach with you.
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