Mediation for Employers

If you’re an employer heading into mediation, it’s normal to feel a bit uncertain about what to expect. 💬

First things first, mediation is not a courtroom. You won’t be cross-examined and the mediator is not a judge. Their role is to facilitate a conversation between the parties and support you to reach an agreed outcome. Ideally, that outcome is documented in a section 149 settlement, which is full, final, binding and enforceable. Once it’s signed, the dispute is resolved.

The process itself is usually straightforward. Mediation Services will allocate a dispute resolution coordinator, dates will be offered, and the mediation may be held virtually or in person. On the day, the mediator will meet with each party privately first to understand what you’re hoping to achieve and to confirm you’re there in good faith.

In the joint session, the applicant usually speaks first and has the opportunity to explain their perspective uninterrupted. After that, you’ll have the same right of reply. It’s important to think carefully about who attends mediation for your organisation and the role each person plays. You might have someone addressing the legal position, someone explaining the process that was followed, and someone concluding on behalf of the business.

From there, things can go a few different ways. Sometimes the parties say what they need to say and then move into shuttle mediation. Other times emotions run high and the conversation gets robust. That’s okay. Mediation is a without prejudice forum. The mediator will manage the process and help move the discussion toward resolution.

If you’ve got a mediation coming up, you don’t have to go it alone. Reach out and we’d be happy to talk you through the process and support you on the day. 😊

✉️ lisa@peopleassociates.nz

📞 027 573 5483

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