If an employment issue cannot be resolved informally by the parties themselves, mediation may help them to reach an agreement.
Mediation: Our availability is limited at the moment due to high demand. We apologise for any inconvenience caused by the delay.
Mediation is a voluntary, confidential, and safe way for employers and employees to talk about work-related problems with the help of an independent mediator.
Employment Mediation Services within the Ministry of Business, Innovation and Employment (MBIE) is a free mediation service for any employee or employer with an employment relationship problem.
Mediation is a semi-formal process. It’s not like going to court. You are not under oath, and you will not be cross-examined.
The mediator will help everyone to discuss their issues, understand each other’s point of view, and find a resolution that works for everyone. Any agreed solutions can be written down and made legally binding.
You can bring people to support you during the mediation. That may be whānau, a support person, an advocate, lawyer, or a union representative.
Mediations can involve different activities, for example, a meeting, video conferences or phone calls. If both parties agree, you can give the mediator the power to either make a written recommendation or binding decision.
You should first try to raise your concerns directly with the other party.
If you want to go to mediation but you are not comfortable talking to your employer first (or anyone else in your organisation) because of the type of behaviour (bullying, discrimination or harassment) or the person you're complaining about, you will be able to apply directly for mediation.
If you decide you need mediation, you can use the free Employment Mediation Services.
Participation in mediation is voluntary for all, but is often a helpful way to resolve employment relationship problems. Taking part in mediation can be seen as part of the good faith duties of an employment relationship.
If you choose not to take part, the other party might be able to take their complaint to the Employment Relations Authority (ERA), which could require you to attend mediation.
Everything discussed in mediation is kept private. All information provided for the purposes of mediation is confidential.
The mediator does not take sides. They are neutral and there to help everyone involved to make their own decisions.
Mediation services provided by MBIE are free. If you decide to hire a representative, there may be costs associated with their service. You should discuss any representation costs with your chosen representative.
You can apply for mediation online through the link below. This will take you to the RealMe login page. If you wish to apply another way, or would like help, you can phone us on 0800 20 90 20.
Our mediators come from a variety of different backgrounds and have extensive training and accreditation in resolving disputes. They understand employment law and have a clear picture of current trends in workplaces.
Our mediators will:
Our mediators are obliged to follow the Mediator Code of Ethics. Mediators are not on the side of either party. They are independent people committed to helping parties to resolve the problem. They must withdraw from any case if they think they might have a conflict of interest.
If you believe that your Employment Mediation Services mediator has acted unfairly, you can contact us to make a complaint.
Everything discussed in mediation is kept private. All information and documents provided for the purposes of mediation are confidential. Any terms of settlement reached in mediation are confidential.
This means that information may not be shared with anyone outside of the mediation process. Because of this, what happens in mediation cannot be used as evidence in the Employment Relations Authority or Employment Court.
Information that is shared during mediation but was created outside the mediation process is not confidential. Parties can, however, agree to waive the confidentiality.
Mediation carried out by Employment Mediation Services in the course of collective bargaining may not be confidential.
Some professional bodies require a report of a dismissal or resignation, which may override the confidential nature of a record of settlement during mediation.
For teachers, nurses and similar professionals there is a requirement that — in some circumstances — the employer notifies the appropriate professional body if an employee resigns or is dismissed.
The Education and Training Act, for instance, makes such reports mandatory for teachers where misconduct or competence is being investigated at the time.
In these cases, reporting some agreed outcomes in a record of settlement may be required.
If this applies to you, you may consider addressing the need for notifications when negotiating a mediation settlement.
You, the other party and the mediator are the only people who must attend mediation. You can bring people to support you if you want to, for example, whānau, a support person, an advocate, lawyer or union representative.
Generally, the mediator will meet with each party separately before coming together. You can let the mediator know about any needs you have for the mediation process.
Mediations vary in length and approach. They may be in person, by video or by telephone. They usually last around 3 hours, but some can last all day or over several days. Your mediation confirmation letter will provide information about your appointment.
At the beginning of the mediation, the mediator will:
The mediator will then help you to identify and discuss issues. The mediator will help both parties:
If the process becomes tense, the mediator will do their best to keep things going smoothly. It’s common to take a break and for the mediator to check with each party individually about how things are going for them.
As the discussion continues, potential options for resolution may be identified. The details of these may need to be negotiated. At this point the parties may be separate and the mediator might share the offers between them.
You can agree to outcomes in mediation which might not be available in the Employment Relations Authority (ERA). If the matter goes to the ERA, the possible outcomes are limited to those provided by the law.
Some examples of agreements at mediation include:
If you reach an agreement, the mediator can record and finalise it in a record of settlement.
Mediation is based on the principles of being voluntary and confidential, empowering parties to make their own decisions, and being conducted by an impartial person.
The mediator’s primary role is to provide a safe environment for parties to address their issues, understand each other’s perspectives, and work towards resolution that meets the needs and interests of both parties.
If the mediator feels the mediation process is being undermined or any participant’s safety is at risk, the mediator can close the mediation.
Find out how you achieve respectful mediation by reading the terms of engagement.
This video provides an overview of the mediation process and what to expect.
An Employment New Zealand mediator speaks direct to camera.
So, you feel like there are problems at work, you've spoken to your employer, but you need some help to resolve the issue. If you can't fix a problem directly between yourselves, our free mediation service can help resolve the dispute in a way that is straightforward and informal. Both parties need to agree to come to mediation.
A mediator and 2 other people are shown in a room during mediation, taking turns to speak.
Mediation is about discussing an issue openly with the other party, usually in person, but sometimes online or by telephone. An experienced and impartial mediator will guide you through the process, and help you find a resolution that is agreed by all parties. Mediators will help the parties feel comfortable and at ease during a process that can sometimes be difficult.
When you agree to attend mediation, we'll arrange a time that suits both parties. Everyone can then send in any documents they have that relate to the issue, so that the mediator can read them before the mediation begins.
When you come for your mediation, you can wear whatever you like. It's important that you feel comfortable. You can bring a support person with you, like a friend, family member or union representative. You can also bring an advocate or a lawyer, but you'll need to pay for any costs incurred by having them attend. For instance, you'll need to pay the legal fees for a lawyer.
At the start of the mediation, the mediator will introduce themselves to each party. The parties will usually get together in one room. The mediator will explain the process and what to expect from mediation. Both parties will have turns to speak during the mediation, and the mediator will make sure that breaks are held as needed.
It's important that parties have the chance to hear each other's point of view and to discuss issues to gain a better understanding. Mediation is a way to resolve issues quickly and soon after they arise, and often helps to maintain a relationship between the parties.
Mediation is confidential. This means that all the discussions and the details of any agreed resolution, if there is one, are private in most cases.
We also have information about mediation available in various languages.
You have the choice of representing yourself at mediation or having somebody help you before and during a meeting.
It is common for people to represent themselves at mediation. If you feel confident, you can arrange mediation and explain the facts yourself at a mediation meeting.
You do not need any technical knowledge, but you do need to be able to listen, respond and be open-minded about the options for resolving the problem.
The mediator will make sure that both parties are given the opportunity to reach an acceptable outcome. If you represent yourself, the mediator will take this into consideration when managing the mediation process.
To help you, the mediator may:
You can change your decision about having a representative at any stage in the process.
If you’re not sure about representing yourself, you can ask somebody for help. This can be a friend, whānau member, experienced community leader, union representative or a professional advisor like an employment advocate or a lawyer.
An advisor or representative can help you in preparing for the mediation and help:
If you do use a professional representative, it is important to know what to expect from them.
You may want to choose a representative who is a member of a professional organisation, for example, New Zealand Law Society (NZLS) or the Employment Law Institute of New Zealand (ELINZ).
These professional organisations have codes of ethics or service standards, and they can support you if there is an issue with the service you received.
Professional representation can be expensive. It’s important to consider this in advance because sometimes:
If you hire an employment advocate or lawyer, you should be very clear in your brief to them about:
In addition to an advisor or representative, you may bring a support person along to a mediation meeting. A support person does not usually actively participate in the mediation meeting. Their role is to support you emotionally.
Even if you have representation, you need to stay involved in the process. It gives you a chance to voice your concerns and have them genuinely considered by the other party. Working through an issue and having a chance to say what you feel can be one of the most important parts of mediation.
It is important that you and your representative understand the role of the mediator, who is there to help both parties and manage the mediation process.
The mediator will:
The mediator might talk to you without your representative being present if they think this is the best way to help you resolve your employment problem.
If an agreement is reached, the mediator will prepare a legally binding mediation settlement document. Your representative will help you check the settlement to make sure it reflects what you have agreed before you sign anything.
MBIE has published terms of engagement for representatives. If you have any concerns about the conduct of your representative at mediation, you can complain to the representative’s professional body.
Email MediationService@mbie.govt.nz if you believe any of the terms of engagement have not been upheld.
Remember, at the end of the mediation process it is always ‘your call’. The mediation session is your opportunity to talk about your employment problem and work on a resolution with the other party.
You can make a request online or by phone for mediation through Employment Mediation Services.
We offer a range of ways to attend mediation:
If you prefer a particular option, let us know in your application. You can find out more about online mediation below.
Please confirm offered dates and provide all the information needed to assess a case quickly. In particular:
You only need to send in supporting information that is directly relevant to the issues.
You can apply for mediation online through the link below. This will take you to the RealMe login page. If you wish to apply another way, or would like help, you can phone us on 0800 20 90 20.
Our employment mediation online user guide is a step-by-step user guide for requesting employment mediation online.
How to prepare for an online mediation meeting using Zoom video conference software.
When you are attending mediation online, you will receive a URL link to your Zoom mediation meeting in your confirmation letter from Employment Mediation Services.
Use Zoom software or your web browser.
Choose your device
We recommend that you access the mediation using a desktop computer, laptop or tablet device. Your device will need a video camera function. We do not recommend using the Zoom smartphone app. However, if it is your preferred device, this is also acceptable. One person per screen works best. This way you will be able to view all the participants on one screen.
Charge up
Please remember to ensure that any device you are using is fully charged, or plugged in.
Check your Internet connection
The recommended minimum bandwidth for participating in a Zoom meeting is 1.5 Mbps. You can test your internet connection at Speedtest.
Download the software
We recommend you download the Zoom software as this provides the best experience for using Zoom.
The alternative option is to join the meeting using a web browser such as Google Chrome or Microsoft Edge. You will need the Zoom meeting password. If you are having trouble joining the Zoom meeting using Internet Explorer, try using Google Chrome.
Test run
If you have not used Zoom before, we recommend that you give it a test run. The test run will help you check your video and audio settings, so you can be sure your camera, microphone, speakers, and headset (if you are using one) all work well.
If you check all these things beforehand, you can be sure everything is working as you need it to on the day. Note that all technology can glitch and create challenges, so no need to panic and remember to breathe.
Employment mediation is a confidential process and people involved in mediation are not permitted to record any part of the proceedings. Please make sure that you have organised a private and quiet space to attend your mediation where you will not be overheard or interrupted.
Be mindful that your background will be visible to other parties.
When you log on to mediation, you will be placed in a virtual waiting room. Only the mediator can see who is in the waiting room. There may be a delay of up to 10 minutes while the mediator meets and briefs the other parties – please be patient.
The mediator will welcome you to the mediation and run through the process and protocols of virtual mediations, which include requesting that you:
If you have any questions during the mediation, ask the mediator.
Parties should come to mediation prepared to provide an opening statement in summary form, to listen to the other party, to be open-minded on how the matter could be resolved, and to ensure they have authority to resolve the matter.
Refer to our mediation workbook for more information.
Once we have received your request for mediation and supporting documentation, you and the other party will be contacted by our Employment Mediation Services team to find a suitable time and place for a mediation meeting to take place. This might be online, in person or by phone.
If you have any special needs at the mediation meeting, like an interpreter, it is important that you tell us about this when the mediation is being arranged. Let us know if you have any cultural needs, for example, wanting mediation to occur on a marae, and we will do our best to accommodate this.
It is important that your mediation meeting is held in a location in which both parties feel comfortable and where confidentiality can be maintained.
Venues may include:
If any new, relevant information becomes available before the mediation meeting, you should send this to the mediator — for example, the employment agreement, time and wage records, any letters, emails and text messages.
While you are waiting for mediation, we encourage you to keep trying to resolve the problem.
If you do come to an agreement before the meeting, you can record the agreement yourself. Once signed by the parties and an Employment Mediation Services mediator, this agreement will have the same status as an agreement reached in a mediation meeting.
The ‘Records of settlement’ section can help you record the agreement yourself.
If you do reach agreement before the mediation, let Employment Mediation Services know so that the date they have set aside for you can be made available to others.
Your representative or advocate should help you prepare for mediation by:
It is particularly important that you understand that the mediation process is confidential.
You must have the authority to enter into a settlement or agreement with the other party on the day of the mediation.
Your representative should talk to you before mediation about what might happen if your problem is not resolved. For example, you or the other party may choose to take the case further, which could mean an investigation meeting at the Employment Relations Authority or a hearing at the Employment Court.
Your representative may take care of the mediation application process for you. If this is the case, make sure that you let them know about any:
Your representative must let you and the Employment Mediation Services know if they will not be at the mediation with you in person — for example, if they will be joining by telephone.
You should arrive at mediation with your representative 15 minutes before the start time.
On the day of mediation, your professional representative should support you throughout the process and represent your best interests. They should:
Professional representatives should always act in good faith at mediation. This means they should always be courteous, and helpful and respectful of you, the mediator and others who attend the mediation, including other representatives.
If an agreement is reached, this will be made final and binding. If not, the mediator can help you decide what to do next.
Any agreement can be recorded by the mediator in a document called a ‘record of settlement’. Both parties and the mediator will sign the agreement, and each will be given a copy to take away. Sometimes this is done electronically and you will be sent an electronic copy.
It’s a good idea to get some advice before signing. A record of settlement is final. Once it is signed by the mediator you cannot go to the Employment Relations Authority (ERA) or the Employment Court if you do not like what you agreed to. Be clear about what you agree to and be sure it is acceptable to you.
Find out more about these agreements, including what to do if an agreement is not carried out.
Sometimes you will not achieve a resolution. If this happens, the mediator will help you to understand your options.
These might include continuing to work things through yourselves or with the ongoing assistance of the mediator. Arranging time for a further mediation is also an option.
At any time, the 2 parties can agree for the mediator from MBIE’s Employment Mediation Services to make either a recommendation or a binding decision.
This might help the problem to be resolved quickly and save time and costs. It is not intended to replace your right to reach an agreement among yourselves, or to have your employment problem decided by the ERA.
Agreeing that the mediator make a recommendation or decision must be done in writing. The mediator will be able to talk through this process with you.
If a recommendation is sought, the mediator will write a suggestion about how the problem might be solved. This will include a date when the recommendation becomes binding.
Both parties will then consider and accept or reject the recommendation. If it is not rejected by either party before the specified date, the recommendation will automatically become full, final and enforceable like a record of settlement.
Notice of a rejection of a recommendation must be sent to MBIE by email, registered mail, or by another method agreed by the parties.
If the recommendation is rejected, you may continue to work on the issue with or without mediation support.
Employment Mediation Services can assist in collective bargaining between employers and unions.
Employment Mediation Services can help parties at any stage of the collective bargaining process.
Either party can ask for help from the Employment Mediation Services. Mediation will be offered if both parties agree to attend.
You can contact us for more information.
The confidentiality rules that normally apply to mediation do not apply to collective bargaining. Collective bargaining parties must report on progress and discuss options with the people they represent, for example, union members, executive teams or board members.
The parties should agree how they will share information with the people they represent and others, including the media, as part of their bargaining process agreement. The parties may agree that some discussions in mediation will be confidential — for example, commercially sensitive matters that affect the privacy of individuals.
Mediators can record agreements, but the parties are responsible for keeping a record during the whole bargaining process — for example, records of their decisions or changes to a collective agreement, including while they are using a mediator.
It’s been a busy few weeks at Factory K as negotiations for a collective agreement are in full swing.
The union and Factory K’s negotiating teams have been working hard to reach an outcome that everybody is happy with. Generally, they have been making good progress. However, when the pay increase for next year came up, things ground to a halt.
The union negotiators were not happy with the percentage increase offered by Factory K and were not willing to concede ground. They had already promised their members that they were committed to securing a better deal for Factory K’s employees on the back of a booming economy and skills shortages.
The Factory K negotiators were also not prepared to compromise at this stage of the negotiations. They were very clear about how big an increase they could afford, and they did not want to get bogged down with pay talks just yet. There were still lots of other issues on the agenda to cover.
Both parties tried to get around the stalemate but tempers started to fray, and the issue has now become a major obstacle. George, Factory K’s advocate, decided that they might need help, so he called the Employment Mediation Services for advice.
“If we all agree, I propose we take this issue to mediation. It seems like we’ve all had a gutsful of it, so maybe we should talk to an independent person and see if they can help us come up with a solution”, George said at the next meeting.
After a bit of discussion among the parties, everyone agreed George’s idea was a good option. Both parties knew the pay issue would not go away and the situation was only getting more heated.
Mediation Services appointed Frank as the mediator. The first meeting was a bit tense, but slowly the union and Factory K started to work things out.
“I could see how the communication breakdown occurred. Both sides had concerns around the pay issue, but they were not really listening to each other properly. I thought it would take ages to come to an agreement on the pay increases, so we decided to work around it”, Frank said.
With Frank’s help, the negotiators on both sides agreed to move on in the meantime and come back to the pay issue later.
“That was a sensible idea. We sidelined the problem and worked out all the other collective agreement details first. After that, the pay issue was a lot clearer”, said George.
“One of the reasons the union wanted the pay increase was to offset other changes in working conditions that we had asked for. Once we had addressed the union’s concerns with changes to other parts of the agreement, it made the discussions about the pay increases much easier.”
“Frank did not try to give us the answers, but he made sure that we worked together to solve the problem ourselves”, George explained.