Artful Mediation
Most employment relationship problems (ERPs) now head to mediation as a first step to resolving the issue. For many, mediation is all that is needed, and the parties will usually come to a settlement quickly and effectively. The following is an outline of the process so that anyone who may be involved has an idea of what to expect.
Most people attend with representatives, though this is not compulsory. Often this is a lawyer, sometimes a human resource consultant or a supportive friend or family member. Whoever will help you the most, you decide.
The first word at a mediation goes to the mediator. He or she will introduce themselves and the parties, then explain the parameters within which the parties will work. Mediations are completely confidential and without prejudice, so that information disclosed here cannot be used anywhere else. The idea is that the parties will speak freely and offers can be made which perhaps might not be able to be made elsewhere.
The party bringing the problem to the table (the applicant) will then speak. If a representative is there, usually they will speak first and then any 'personal statement' prepared by the parties themselves will be read. The other party (the respondent) must listen in silence. When the applicant has finished the respondent has an opportunity to respond in a similar way to the applicant's initial submission.
What happens then will depend on the mediator's style and the attitude of the parties. Adjournments are common, as is 'caucusing', which is breaking off into two separate rooms while the mediator shuttles between the parties.
One of the advantages of mediation over other dispute resolution practices is that parties can retain control over the process. Another is that there is more room for lateral thinking. Parties can agree to solutions based on different grounds than those available in the Employment Relations Authority or courtroom (compensation for humiliation, lost wages and reinstatement). Creative ideas create solutions in seemingly unsolvable situations. Settlements agreed at a mediation are binding on the parties and confidential. There is no right of appeal at the end of a mediation, so unlike Authority or court results, there is no risk of having the decision overturned later.
Thanks to Cullen Employment Law Firm
| For an article on the basics of the Employment Relations Act refer to the September 2000 `Rural Bulletin'. There is an Employment Relations Infoline (0800 800 863) that enables you to get free advice and information on employee rights and employer obligations concerning the Employment Relations Act, employee rights and employer obligations concerning dismissals, minimum wages, holiday pay and other leave entitlements, parental leave, equal pay and payment of wages. There is also a website at www.ers.dol.govt.nz |
Contact for Enquiries
The Ministry of Agriculture and Forestry
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Tel: 0800 00 83 33
Fax: +64 4 894 0720
Contact this person
