When Should I Consider A Mediation Meeting?
Often by the time people contact Department of Labour mediation services they are distressed, angry, no longer listening to each other, and unable to see any resolution beyond a continuing dispute or permanent breakdown in the relationship.
The most common trigger for considering a mediation meeting is the feeling by an employer, employee or union that they have made all the progress they can by dealing directly with the other party.
If you are in that position, there are some questions worth asking yourself:
- Have I made my problem clear to the other person?
- How important is the outstanding disagreement to me?
- What would make me feel that the matter is resolved?
- Is resolution worth pursuing, or is it diverting my energies from other important activities?
- Have I really looked at this from the other person’s perspective and tried to reach an agreement?
It’s worth talking the matter over with someone outside the issue to check your view of the situation. This does not have to be an employment relations advisor, although unions and employer organisations are likely to have seen similar issues before and can give assistance. Talking the matter over with a mediator can also help you identify the various ways other people have successfully dealt with similar circumstances.
If you do decide to seek a mediation meeting you can contact the Department of Labour by calling the Workplace Contact Centre, 0800 20 90 20. An Information Officer will listen to your request and discuss an appropriate action. If a mediation meeting is the best action, the Information Officer will refer the matter to Workplace Services so a meeting between you and the other party can be arranged.
When a meeting date has been agreed, both parties will be advised in writing of the time and venue. Examples of possible venues include the workplace, a marae, a local hotel or the Department of Labour Workplace Services office.
You are not required to prepare a written submission for the meeting, but you
should think through the facts of your case and make some notes for your own
use.
If you have any special needs at the mediation, such as a translator, it is important that they are discussed with staff when the mediation is being arranged.
How Do I Receive Notice Of A Mediation Meeting?
When a problem occurs, the two parties are encouraged to discuss and if possible resolve matters themselves before seeking a mediation meeting. Once one or both of the parties have requested a meeting, the Department of Labour Workplace Services area office closest to you will contact you to arrange a meeting.
Attendance at mediation meetings is voluntary, but participation in mediation can
be seen as part of the good-faith duties of the employment relationship under the
Employment Relations Act. If you refuse to participate, the other party can take
their complaint to the Employment Relations Authority, which can require you
both to attend mediation.
While you are waiting for the meeting you can still seek a resolution with the other party, or obtain information from the Department of Labour that might help you reach an acceptable outcome.
If you continue to work on the problem and reach an agreement before the scheduled meeting, you can ask a mediator to record that agreement. In this case the agreement has the same status as an agreement reached in a mediation meeting and becomes a full and final settlement.
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This page was last updated on:
04-May-2009
and is current.
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