Mediation discussions are confidential and are generally conducted on a without-prejudice basis.
EMPLOYMENT MEDIATION
Mediation is a negotiation with structure, not a mini-trial.
MBIE mediation gives the parties a confidential setting to explore settlement. Preparation should focus on the real issues, evidence, money and practical terms needed to end the dispute.
UNDERSTAND THE PROBLEM
Mediation is a negotiation process with a mediator, not a mini-trial.
Employment mediation is designed to help parties resolve employment relationship problems without requiring an Authority determination. The mediator can test positions and help parties explore settlement, but the parties ordinarily decide whether to settle and on what terms.
Preparation should therefore cover both merits and outcomes. Know the strongest factual points, the weaknesses you need to price into risk, the remedies you could realistically pursue, and the non-money terms that may matter.
WHAT MATTERS
What to understand before the day
A settlement can include money and practical terms such as references, confidentiality, agreed statements, return of property or resignation arrangements.
A mediator-signed Record of Settlement is final, binding and enforceable, subject to the statutory framework.
If mediation does not resolve the dispute, the parties can consider the ERA or other next steps depending on the claim.
THREE QUESTIONS FIRST
Get these straight before the argument gets bigger.
What are the two or three issues that actually drive the case?
What is your realistic settlement range?
What practical terms matter besides money?
WHAT TO DO NOW
Prepare for useful negotiation
Build a one-page case map
Set out the claims, key facts, best documents, remedies and the main answer you expect from the employer.
Know your numbers
Calculate wage loss and other monetary positions rather than negotiating from a vague total.
List non-money priorities
Reference wording, confidentiality, departure wording, property, timing and tax treatment can be material.
Set decision ranges
Know what you would accept, what requires further thought and what you are prepared to litigate if settlement is not reached.
WARNING SIGNS
Things worth looking at closely.
- Treating mediation as a chance to relitigate every workplace insult
- No calculation of wage loss or settlement value
- Ignoring tax, reference, confidentiality or payment mechanics
- Agreeing to wording you do not understand under pressure
COMMON MISTAKES
Ways employees accidentally make the problem harder.
DON'T
Treating mediation as a chance to prove every factual point instead of solving the dispute.
DON'T
Arriving without a calculation for wage loss or a clear settlement structure.
DON'T
Agreeing to wording you have not read carefully because the monetary figure sounds acceptable.
DON'T
Assuming a mediator-signed settlement can simply be reopened later if you regret it.
POSSIBLE OUTCOMES
What a useful result can look like.
Confidential settlement
Agreed departure terms
Payment and reference arrangements
No settlement, leaving the claim to proceed to the ERA or Court
FAQ
Employment mediation
Is mediation compulsory?
Not in every matter, although it is a common and important part of the employment dispute process.
Is mediation confidential?
Mediation has strong confidentiality protections, which is one reason parties can negotiate more openly.
Does the mediator decide who wins?
No. The mediator assists resolution; the parties decide whether to settle.
What if mediation fails?
The dispute can continue through the appropriate legal process, including the Employment Relations Authority where applicable.
FROM PROBLEM TO OUTCOME
Most disputes move through the same basic sequence.
- 1Preserve
Documents, dates, evidence and the deadline.
- 2Raise
Put the actual grievance or response clearly.
- 3Resolve
Negotiate or mediate where a sensible resolution is available.
- 4Escalate
Use the ERA or Court where the dispute cannot be resolved.
EMPLOYMENT MEDIATION
Want us to look at the actual facts?
Employee-side employment advocacy. No Win No Fee for suitable matters.