Understanding Mediation

Mediation is a voluntary process where a neutral third party, known as a mediator, facilitates a structured conversation between two or more parties in conflict. Unlike arbitration or litigation, which involve a decision-maker imposing a solution, mediation aims to help the parties reach a mutually agreeable outcome.

How Mediation Works

In an employment mediation, the mediator typically meets with both the employee and the employer separately to understand their perspectives and identify areas of common ground. They then facilitate a joint session where the parties can discuss their concerns, ask questions, and propose solutions.

The mediator's role is to guide the conversation, encourage open communication, and help the parties explore options that might not have been considered initially. They may suggest alternative approaches, frame issues in a different way, or help the parties brainstorm potential solutions.

Benefits of Mediation

Mediation offers several advantages over traditional dispute resolution methods:

• Cost-effective: Mediation can be significantly less expensive than litigation, as it avoids the legal fees and court costs associated with formal proceedings.
• Time-efficient: Mediation can often be resolved more quickly than litigation, as it doesn't involve the same lengthy processes and waiting periods.
• Confidentiality: Mediation is a private process, meaning that the discussions and outcomes are not public record. This can be important for maintaining relationships and protecting reputations.
• Flexibility: Mediation allows for creative and flexible solutions that may not be possible in a more formal setting. Parties can tailor the outcome to their specific needs and circumstances.
• Preservation of relationships: Mediation can help to preserve relationships between employees and employers, which can be beneficial for both parties in the long run.

Mediation in New Zealand

In New Zealand, the Ministry of Business, Innovation and Employment (MBIE) provides free employment mediation services. These services are available to both employees and employers who are involved in a workplace dispute.

To access mediation, you can contact MBIE directly or visit their website. A mediation advisor will assess your situation and determine if mediation is appropriate. If so, they will help you find a suitable mediator and schedule a mediation session.

Is Mediation Right for You?

Mediation may be a good option if you are:

• Trying to resolve a workplace dispute without resorting to litigation.
• Interested in a more informal and flexible approach to dispute resolution.
• Looking to maintain a positive relationship with your employer or employee.
• Concerned about the costs and time involved in formal legal proceedings.

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