Despite recent glimmers of positivity in the economy, it remains vital to resolve workplace conflict in a timely manner, for the well-being of the parties and the organisation itself.

Senior Associate Lisa McWilliams-Smith outlines the key steps before, during, and after mediation.

The mediation process remains the primary problem-resolution mechanism under the Employment Relations Act. 

Mediation has the unique twin benefits of confidentiality along with ‘off the record’ discussions (also called ‘without prejudice’ discussions).* 

After conducting hundreds of mediations each year at MBIE, my observation is that it is a rare situation where parties do not gain a greater understanding of the situation, the other party, themselves and the business or organisation. 

Mediation allows the parties to hit ‘pause’ on the dispute in a neutral context, then with a skilled facilitator, tailor an appropriate process, providing the best chance of a satisfactory outcome.

Preparing for mediation

Mediation is not Court, or a Wimbledon-like tennis match of legal argument across the table designed to impress the mediator. Mediation is a space to present your point of view and then work on crafting a solution that resolves the problem for both parties.

Before coming to mediation, it is important to be clear about a number of things:

Note: it is counterproductive where one party is in the dark about why they have been invited to mediation. In these circumstances, the lack of clarity about the purpose for mediation may be seen as an ambush when the reason is tabled. In such circumstances, any resolution may be delayed and the relationship between the parties is very likely to be damaged.

At mediation

After mediation

 

*Anything specifically and only discussed at mediation may not later be used at the Employment Relations Authority, the Employment Court or any other jurisdiction. 

Our mediators are experienced in helping to resolve a broad range of disputes and conflicts in the workplace. For more information around our mediation services, please get in touch.