#yourquestionsanswered Mediation is a key aspect of employment law in New Zealand, as it provides a way for employers and employees to resolve disputes without the need for a formal hearing. The process is voluntary, confidential, informal and allows the parties to have more control over the outcome of the dispute while maintaining positive working relationships.
Is this just when I've been sacked unfairly?
No, mediation can be used to resolve a wide range of disputes, including personal grievances, disputes about the terms and conditions of employment, as well as disputes about unjustified dismissal.
So when during the process does mediation occur?
If you have an employment dispute that can't be resolved between you and your employer, then mediation is often the next step. Normally this is after a personal grievance has been raised and both parties have attempted to resolve things. One of the benefits of mediation is that it allows the parties to have more control over the outcome of the dispute. In a formal hearing, the decision is made by the ERA and the parties have less control over the outcome. In mediation, the parties have the opportunity to discuss the issues and come to an agreement that works for both of them.
Does my employer have to attend mediation?
Mediation is a voluntary process, and both parties must agree to participate. Under the Employment Relations Act, employers and employees have a duty to try to resolve disputes through mediation before proceeding to a formal hearing. The ERA has the power to order parties to attend mediation before a formal hearing however.
Is mediation confidential?
Yes! The process is confidential and informal, and is conducted by a neutral third party called a mediator. The mediator's role is to facilitate communication between the parties and help them reach a mutually acceptable resolution.
What happens if mediation isn't successful?
Often the parties will try to continue negotiating an outcome after mediation ends, sometimes with the assistance of a mediator. If this isn't successful, then the next step is often to go to the Employment Relations Authority (ERA) where the Member will decide on the outcome for you.
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