What Is The Mediator’s Role?
Mediators are not advocates for either party. They are independent people committed to the process of problem resolution. Mediators work with people to find solutions to the problem that will work for both parties.
Mediators come from a range of backgrounds. Among those employed by the Department of Labour are individuals:
- with extensive training in dispute resolution
- from both employer and employee backgrounds
- with an in-depth understanding of employment law
- with a clear picture of current trends in workplaces.
The mediator’s role is to:
- help people find the best way to resolve their problems
- encourage parties to identify the real issues
- help the parties explain those issues to each other
- identify points of agreement between the two parties
- help people find a way through their problem that may not seem immediately apparent
- work with people to find answers that reflect good faith and common sense
- seek a resolution that allows both parties to move on.
Each mediation has a different format and dynamic. Mediation provides a confidential process where problems can be discussed, issues clarified and a conclusion reached that all those involved can accept.
Mediators also:
- record settlements
- perform a range of legislative duties under the Employment Relations Act
- provide information to unions, to community groups and advisors, to employer organisations or employment law seminars.
Each mediation office covers a geographic area and mediators spend time building relationships in the local community regularly visit cities where there is no mediation office, to undertake mediation meetings and provide information to local groups.
CASE STUDY: When the needs of the business change
Mary works for a telephone canvassing company. When she started work she signed a written employment agreement that provides for shift work.
The clause states that she will work 30 hours per week over six days at any time between 9.00am and 10.00pm. While the agreement provides for flexible hours of work, Mary has always worked from 9.00am until 2.30pm with a half-hour meal break.
Bill, the owner of the company, wants to extend the hours to provide for more
operators in the evening when potential clients are at home. In order to do so, he
proposes to introduce an afternoon shift commencing at 4.30pm. He believes that in
fairness to all workers everybody should be required to work the new shift every
second week. He has advised Mary that starting next month she will be required to
work the afternoon shift.
Mary has a young family and needs to finish work in time to collect them from school. She is angry about the new rosters and rings the Department of Labour Workplace Contact Centre on 0800 20 90 20 for assistance.
The Information Officer asks if she has explained her concerns to Bill, and suggests that she approaches him to do so. Mary is also told about the option of seeking mediation.
After their initial discussion, Bill and Mary both feel that they need external assistance and agree to attend a mediation meeting.
The mediator gets Mary to explain why she is unable to work the afternoon shift, and gives Bill a chance to explain why he needs her to.
The mediator works with them to find ways Bill can have the work carried out and Mary can fulfil her parental responsibilities.
Bill agrees to revisit the requirement for everybody to work a rotating roster, and Mary accepts that she could work the afternoon shift on some occasions if it started at 5.00pm instead of 4.30pm.
They reach a compromise that allows Mary to continue working for Bill and that gives Bill the shift coverage his business needs.
back to top
This page was last updated on:
04-May-2009
and is current.
|
