When employment relationships are ending or there are sticking points during difficult conversations, mediation is an expedited way of solving issues.
Employment Mediation
Restore relationships or agree on how to part
ways
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About
Mediation can occur when an employee is being made redundant or is the subject of disciplinary action and termination is a valid option.
Exit packages are classified as settlements under employment law and have statutory provisions and requirements to ensure these are conducted fairly and in good faith. Traditionally formal mediations are conducted by MBIE with their mediators prior to engaging with the Employment Relations Authority, but private mediators can also fulfill this role with additional benefits for employers and employees.
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Why mediation is effective
Around 80% of employment matters can be settled (either fully or partially – usually fully) at mediation and cost significantly less when settled compared to a case proceeding through to the public mediation service and the Employment Relations Authority.
Get in touch
Talk to us about the nature of the employment dispute and context and we will match an appropriate mediator.
Organise Mediation
The mediator will organise a suitable time and venue for the mediation and design a personalised process. This usually happens the same day a mediator has been confirmed.
Optional: Preparation for Mediation
This step is optional but is helpful for parties where the conflict has been sharp and relationships have broken down to the extent that communication is unproductive. A separate independent mediator will talk with each party to help them prepare them for mediation so that they can participate and communicate productively. This step often helps increase the effectiveness of mediation and increases people’s ability to come to an agreement.
Mediation
Mediation is held between the parties, using a method best suited to productive communication and resolution.
Mediation methods we use:
- Face to face with all parties, in person or online.
- Shuttle.
- ti kanga informed.
Resolution
If the relationship can be restored, mediation will focus on repairing the relationship and developing a plan for continued co-operation and reintegration.
If both parties agree to part ways, the mediator can support the parties to agree on options and submit the ‘record of settlement’ to MBIE for acceptance.
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Why it works
Mediation is an alternative dispute resolution process that focuses on enabling parties to come to an agreement with the aid of an expert. When employment dispute arise, speed is an important consideration, by using an expert mediator employers can ensure a fair and robust resolution or settlement can be mediated within just a few days of a dispute arising, which means better outcomes for everyone involved.