Representation at the Mediation

Mediation is a completely voluntary, confidential, and safe process that lets you and your employer talk through work-related problems with the guidance of an independent mediator. It’s nothing like a court hearing—no oaths, no cross-examination. The mediator simply creates a calm space where both sides can explain their views, listen to each other, and look for a solution that works for everyone. Employment Mediation Services, run by the Ministry of Business, Innovation and Employment (MBIE), offers this service free of charge for any employment relationship problem.

Taking part is technically voluntary. That said, the law expects both sides to act in good faith, and attending mediation is usually seen as part of that duty. If you refuse, the other party may go straight to the Employment Relations Authority (ERA), which can order you to attend mediation anyway.

Normally you’re expected to try speaking directly to the other party, but the law understands that isn’t always possible. If the issue involves bullying, discrimination, harassment, or anything else that makes a direct conversation feel unsafe, you can apply for mediation straight away without saying a word to your employer first.

Pretty much any employment relationship problem can be brought to mediation. That includes unjustified disadvantage due to employers actions, unjustified dismissal, constructive dismissal, bullying and harassment, sexual harassment, discrimination, disputes over parental leave.

Yes, absolutely. You, the other party, and the mediator must be there, but you’re welcome to bring support people—whether that’s whānau, a friend, an advocate, a lawyer, or a union representative.

The mediator stays completely impartial and neutral; they don’t pick sides. Everything said or written for the mediation is confidential. Statements, admissions, and documents created for the session normally stay private. One exception: if you’re in a regulated profession (teaching, nursing, etc.) and the settlement involves dismissal or resignation, the relevant professional body may need to be told, which can override confidentiality for those final terms.

It varies a lot. Most sessions run about 3 hours, but some take a full day or even stretch over several days. Your appointment confirmation letter will give you a clearer idea.

If you reach an agreement, the mediator can turn it into a formal record of settlement. Once you, the other party, and the MBIE mediator have checked and signed it, the document becomes legally binding. It’s a full and final settlement, meaning neither side can later take those agreed terms to the Employment Relations Authority (ERA) or the Employment Court, except to enforce the agreement.

If no agreement is reached, either side can take the matter further—often by raising a personal grievance or applying to the Employment Relations Authority (ERA). The good news is that the ERA must prioritise cases where mediation has already been attempted.

The mediator keeps everyone focused on practical outcomes. They help identify the real issues, explore different options, and guide negotiations. Settlements often include things like a clear plan to improve the working relationship, financial compensation, or a sincere apology. With both parties’ consent, the mediator can also provide a written recommendation or even make a binding decision on the matters in dispute.