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Employer Guide to Mediation

#EmployerGuide In New Zealand, MBIE provides free mediation offers a powerful tool for resolving such conflicts amicably and efficiently, helping to maintain positive working relationships and avoid costly legal battles. In this blog, we'll explore the benefits of mediation in New Zealand and how employers can effectively navigate the mediation process.


Mediation

Mediation is:

  • voluntary (in the first instance)

  • confidential

  • facilitated by an impartial third party mediator

  • free through MBIE


It focuses on finding mutually acceptable solutions rather than determining fault or assigning blame. This collaborative approach encourages open communication and allows parties to retain control over the outcome of the dispute.


Key to a good mediation outcome:

  • Approach mediation with a genuine willingness to resolve the dispute and collaborate towards a mutually beneficial solution

  • Gather relevant documents, evidence, and information to support your position and facilitate productive discussions during the mediation session.

  • Listen to the concerns and perspectives of the other party with an open mind. Try not to approach it from an emotional point of view

  • Remain flexible and open to compromise, considering alternative solutions that meet the underlying interests of both parties rather than rigidly adhering to specific demands.

  • Shift the focus from past grievances to future-oriented solutions that promote positive changes and prevent similar disputes from arising in the future.

Mediation offers employers in New Zealand a valuable opportunity to resolve employment disputes in a constructive and collaborative manner, facilitated by an impartial mediator. It is voluntary but it can be pragmatic to agree, rather than forcing the applicant to file in the Authority and drag the issue out for much longer.


Benefits of agreeing to voluntary mediation

  • Cost-Effectiveness: Agreeing to voluntary mediation means less legal costs

  • Preserving Relationships: Voluntary mediation occurs quicker, allowing resolution to occur sooner



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