Mediation
The Mediation Service of the MBIE is a free, independent service that is available to help resolve almost any kind of employment relationship problem, including personal grievances. The chance of successfully resolving your problem at mediation is high, even if the employer appears very aggressive or the parties are far apart.
Some employers will refuse to attend mediation. There are simple, cost effective methods that can be used to force them to attend, usually with good results being obtained.
Most mediations last half a day, but sometimes a full day is required.
Most mediations start with the parties in separate rooms. At some point the mediator will usually bring the parties together into one room. It is usual that the employee will get to have their say first. Our usual practice is that we will summarise your case and then invite you to add anything that you feel is appropriate, about the facts or emotions involved, so that you can feel that you have been "heard". We have had some clients who feel uncomfortable speaking and this is okay too. The employer will then respond. After people have had their say, the mediator will usually break the parties back out into their separate rooms and shuttle between them to see if an agreement can be reached. If an agreement is reached a binding written agreement is prepared by the mediator and signed by the parties before they leave.
It is expected that the parties will treat each other with respect at the mediation. Although this is the norm, we have sometimes experienced aggressive lawyers who don't know how to behave at mediation. Our role (and the mediator's), in that situation, is to protect you.
If an agreement is not reached at mediation, it is still possible that this will happen after mediation, or the case may be able to be taken to the Employment Relations Authority for a decision.
In the majority of cases mediation is a positive experience. With most mediations we have been involved with the case from an early stage; however, we have had cases where we have been asked to attend at very short notice. Please contact us to discuss your case no matter when you are going to mediation.
Some employers will refuse to attend mediation. There are simple, cost effective methods that can be used to force them to attend, usually with good results being obtained.
Most mediations last half a day, but sometimes a full day is required.
Most mediations start with the parties in separate rooms. At some point the mediator will usually bring the parties together into one room. It is usual that the employee will get to have their say first. Our usual practice is that we will summarise your case and then invite you to add anything that you feel is appropriate, about the facts or emotions involved, so that you can feel that you have been "heard". We have had some clients who feel uncomfortable speaking and this is okay too. The employer will then respond. After people have had their say, the mediator will usually break the parties back out into their separate rooms and shuttle between them to see if an agreement can be reached. If an agreement is reached a binding written agreement is prepared by the mediator and signed by the parties before they leave.
It is expected that the parties will treat each other with respect at the mediation. Although this is the norm, we have sometimes experienced aggressive lawyers who don't know how to behave at mediation. Our role (and the mediator's), in that situation, is to protect you.
If an agreement is not reached at mediation, it is still possible that this will happen after mediation, or the case may be able to be taken to the Employment Relations Authority for a decision.
In the majority of cases mediation is a positive experience. With most mediations we have been involved with the case from an early stage; however, we have had cases where we have been asked to attend at very short notice. Please contact us to discuss your case no matter when you are going to mediation.