The Employment Relations Act sets out a process for dealing with employment relationship issues.  For most employers this means a personal grievance and often after the initial lawyers letter mediation provides the solution.

At mediation, an independent person, the mediator, is assigned to assist both parties to talk about the issues that they have.  This could be as a result of a perceived wrongful dismissal; it could be negotiation of new contractual terms or any other issue on which employer and employee have reached stale mate.  The mediator’s role is to help you find a solution that you are both happy with, they are not there to speak for you or to take sides.  

The parties at mediation usually include the employer and employee and representatives for both sides.  The representative can be anyone though in practice the employee is likely to bring a lawyer or advocate and unless feeling particularly brave the employer should bring someone suitably qualified as well.  Having this representation can take the emotion out of the proceedings allowing the facts and practicality of the situation to come to the fore. 

Before going to mediation make sure you have all the documents you need to take with you.  Employment agreements, wages records, letters from other employees, records of any previous relevant meetings, e-mails and other information you may want to use as part of your case.  Think about what you want to say and write it down or work closely with your representative to achieve this.  It might be useful to decide on your desired outcome and how far you are prepared to compromise beforehand.  It can also be helpful to send any appropriate documentation to the mediator before the meeting, saving time spent asking background questions.

It would be normal to feel a certain amount of trepidation before mediation, however, remember this is not a court and the proceedings will be relatively informal.  Any legal issues will be discussed along with matters that may be important.  Care is taken to make sure that the meeting is carried out calmly and with respect for both parties. 

Initially you will be asked to wait in one room and the other party in a separate room.  The mediator will greet both parties separately and then bring you together in one room.  The mediator will chair the meeting after explaining the house rules.  Each side will be given a chance to talk uninterrupted stating their point of view.  The mediator may ask questions to make sure they understand the situation and that all parties understand each other.  If necessary the parties will then retire to separate rooms and the mediator will move between each room in an attempt to assist the parties to come to an agreement or solution.  The conversations with each party are confidential so what you say will not be relayed to the other party unless you ask for it to be.  While the mediator will guide you to find the right solution, they will not tell you what to do.

To get the best out of mediation you do need to be prepared to listen to the other side’s point of view, even if you don’t agree with it.  It may be appropriate to recognise that you could have dealt with a situation better, followed procedure more closely or provided more support.  Come prepared to compromise, to give a little in order to get settlement.  The cost of taking the issues to the Employment Relations Authority can be prohibitive; even if you are convinced you are in the right.  

Don’t put yourself under any time pressure.  The average mediation takes about four hours, sometimes less and sometimes as much as a whole day.  The experience is stressful enough without added worries of missing appointments. 

Once you have reached an agreement, there is no going back.  The decision reached at mediation is binding and no further negotiation will be entered into if you change your mind later.  Be clear on what you are agreeing to and make sure it is what you want.  The mediator will write up a Record of Settlement which you will sign. 

What happens in mediation is confidential.  This means that no one from the meeting can tell anyone else about the events that took place or the discussions that were held or the terms of any agreement that is reached. 

If you can’t reach an agreement at mediation, the next step is to file with the Employment Relations Authority. 

Hughes Consulting Group, the consulting arm of hughesdirect can assist you with the personal greivance and mediation process. Call 09 3599982 or e-mail info@hughesdirect.com