What to expect at mediation

An Employment Advocate can be very helpful at mediation as they can do the talking for you as your representative.

If you are wondering what a meditaion is like you can ask us for free and we’ll talk it through, there is no obligation to take us with you, we are happy to have a chat about what your individual situation is and see if we can help you.

employment-mediation-what-to-expect

If you would like to talk to us about supporting you at mediation please complete our contact form.

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From Our Clients

Thousands of employees and employers have trusted us us to help with their employment issues, here are reviews from a handful of them.

I was in a very difficult and sensitive situation

5.0 rating
September 30, 2019
Review of Kam Bailey

I was in a very difficult & sensitive work situation. After contacting a couple of other services with no reply it was Kam from Work law who took on my case & managed everything for me. I was kept well informed a long the way & Kam quickly reached a positive result for me & my employer, amazing!. I really appreciate the work Kam & the Work law team have done. Highly recommended ;0)

Christian McLay

Couldn't be happier with how it all worked out!

5.0 rating
September 24, 2019
Review of Andrea Kelleher

I was lucky enough to have help from Andrea, she was so polite, helpful and made sure that I understood certain aspects to what was going on with the work she helped me with. I couldn’t have asked for a more easier and awesome process, couldn’t be happier with how it all worked out! Thank you heaps! Daniel

Daniel Marinov

Sandy's an Angel

5.0 rating
September 9, 2019

I was having a terrible time at my workplace. Sandy was one of the angels that helped me survive the whole ordeal, she had all the knowledge and experience needed to help, got straight onto my employers and had things settled so quickly. I am very thankful.

Stephanie B

 

Take an Advocate to your Mediation

If you have raised a Personal Grievance with your Employer or previous employer (within the 90 day deadline), and you have not received a satisfactory response you can take the grievance to mediation.

What is mediation?

Mediation services are available to Employees as a method of solving employment problems before they go to  the Employment Court (the ERA).  When needing to identify the issues, resolve disputes and reach an overall outcome a third party called a ‘Mediator’ is available to help.

A successful mediation aims to save time, energy and potential costs & losses. This is a semi-formal, confidential option which allows parties to negotiate and focus on interests, agendas and opportunities to move beyond the issue at hand. We wouldn’t take you to mediation without first assessing you have a good case and being confident that we can get you your desired outcome.

Why should you take an Employment Law Advocate to mediation?

We are experts in New Zealand Employment Law. We know your rights, we have a lot of experience with these matters, and we know what financial (and other) compensations are appropriate.

Most often the employer will bring an Employment Lawyer or Employment Advocate themselves and this can put you at a disadvantage both emotionally and intellectually.  You can represent yourself, but knowing your rights and being able to stay calm and open minded during the process is important. 

To ensure the best outcome we recommend you seek representation by someone who has legal experience such as an advocate, lawyer or even a community leader.  Lawyers usually charge by the hour.  Because the mediation process can be quite time consuming it can be very expensive to hire a Lawyer.  Our Advocates are legal experts, with specialised knowledge of employment law. We can represent you all the way to the Employment Court if necessary.   Our fees are much less than it would cost to use a lawyer.  We will take your case to mediation if we think we can get you a financial outcome. You don’t pay us unless we do.

Our Employment Advocates  will:

  • help you prepare for mediation,
  • gather facts,
  • set out the law
  • identify the most appropriate solution for the issue,

We attempt to obtain a fair compensation based on the facts presented and the ways in which your employer may have breeched your rights under NZ Employment Law.

Having an Advocate represent you does not mean that you will not be involved.  Keeping involved in the process will be beneficial to voice any concerns you may have, and give the other party a chance to consider what you are saying. This can be one of the most important parts of your mediation.

You are also able to bring along a support person to your mediation should you wish. The role of a support person is to provide you with emotional support throughout the process.

Unsuccessful Mediation;

Both sides get to agree on the outcome.
Most of the time mediation is successful.  But occasionally things take a little longer.  

If no agreement is reached the case may be escalated to the Employment Relations Authority (ERA). 
Sometimes the ERA Member will direct you back to mediation. 

At the ERA the final outcome is decided by the authority member (Judge) and neither party will have a say in the settlement. The danger in taking disputes to the ERA is the chance of loss and that you may be ruled against. In some cases costs may be awarded against you, if you are seen to be the person that is in the wrong. 

See our page on ERA to get further information on this option.

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