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Employment Mediation is a cost-effective and relatively simple method of resolving a wide range of employment issues. A well-managed mediation can effectively address workplace conflict, as well as help negotiate the conclusion of an employment relationship where required.
Employers and employees face a wide range of issues, including potential employee misconduct, allegations of unjustified disadvantage and dismissal, and general conflict and incompatibility.
If an employment relationship problem has reached the point where it cannot be resolved directly between the parties, both employees and employers have the option of requesting a free mediation through the Ministry of Business Innovation and Employment (MBIE). This request for mediation can be made at any time and does not require a personal grievance to have been raised.
Mediation generally occurs at MBIE offices with a qualified mediator, the parties and their lawyers, or employment advocates in attendance. Parties can attend without a representative, however, MBIE Mediation Services advise that parties with representation generally achieve better results.
Parties meet together in the same room unless they are uncomfortable with being in direct proximity with one another. A mediator cannot make a binding decision; however, they can help the parties negotiate an acceptable outcome, which is usually a financial settlement.
In a majority of cases, mediation concludes with a binding record of a settlement being agreed. The settlement is confidential and legally binding, and must be signed off by a mediator.
Mortlock McCormack Law has significant experience in assisting employer and employee clients at mediations. This includes preparing information to send to mediators prior to meetings, preparing submissions to support our client’s position and engaging in assertive negotiations.
Mediation Services Statistics (MBIE):
For further information please contact us on 03 377 2900 / law@mmlaw.co.nz.