# Mediation Official source: https://www.employment.govt.nz/resolving-problems/how-to-resolve-problems/mediation Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Resolving problems How to resolve problems Mediation How to resolve problems Resolving problems Problems in the workplace Misconduct Bullying, harassment and discrimination Illness and injury Migrant exploitation Work relationship problems How to resolve problems Steps to resolve problems Resolving issues yourselves Talking to your employer Early resolution Mediation Personal grievances Disciplinary action Records of settlement Labour Inspectorate complaints Escalating unresolved issues Protected disclosure Employment during and after disasters Addressing Holidays Act non-compliance Everyone Mediation If an employment issue cannot be resolved informally by the parties themselves, mediation may help them to reach an agreement. Limited availability for mediation Our availability is limited at the moment due to high demand for our mediation services. We apologise for any inconvenience caused by the delay. Steps to resolving problems What is mediation? Mediation A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority. is a voluntary, confidential, and safe way for employers An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). and employees Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). to talk about work-related problems with the help of an independent mediator. Employment Mediation Services within the Ministry of Business, Innovation and Employment (MBIE) is a free mediation service for any employee or employer with an employment relationship problem. Mediation is a semi-formal process. It’s not like going to court. You are not under oath, and you will not be cross-examined. The mediator will help everyone to discuss their issues, understand each other’s point of view, and find a resolution that works for everyone. Any agreed solutions can be written down and made legally binding. You can bring people to support you during the mediation. That may be whānau, a support person, an advocate, lawyer, or a union An organisation that supports and advocates for employees in the workplace. Unions bargain for collective agreements and help employees with information and advice about work-related issues. representative. Mediations can involve different activities, for example, a meeting, video conferences or phone calls. If both parties agree, you can give the mediator the power to either make a written recommendation or binding decision. Before applying for mediation You should first try to raise your concerns directly with the other party. If you want to go to mediation but you are not comfortable talking to your employer first (or anyone else in your organisation) because of the type of behaviour (bullying, discrimination or harassment) or the person you're complaining about, you will be able to apply directly for mediation. If you decide you need mediation, you can use the free Employment Mediation Services. Resolving issues yourselves Things you should know about Employment Mediation Services It’s voluntary Participation in mediation is voluntary for all, but is often a helpful way to resolve employment relationship problems. Taking part in mediation can be seen as part of the good faith duties of an employment relationship. If you choose not to take part, the other party might be able to take their complaint to the Employment Relations Authority (ERA), which could require you to attend mediation. It's confidential Everything discussed in mediation is kept private. All information provided for the purposes of mediation is confidential. It’s impartial The mediator does not take sides. They are neutral and there to help everyone involved to make their own decisions. It’s free to use Mediation services provided by MBIE are free. If you decide to hire a representative, there may be costs associated with their service. You should discuss any representation costs with your chosen representative. Apply for mediation online You can apply for mediation online through the link below. This will take you to the RealMe login page. If you wish to apply another way, or would like help, you can phone us on 0800 20 90 20. Employment Mediation Services (external link) Mediating with Employment Mediation Services Our mediators come from a variety of different backgrounds and have extensive training and accreditation in resolving disputes. They understand employment law and have a clear picture of current trends in workplaces. Our mediators will: encourage parties to identify the real issues help the parties explain those issues to each other identify points of agreement help people find a way through their problem that may not seem immediately apparent help parties to find a resolution provide an assessment of the risks if the problem is not resolved and proceeds further. Our mediators are obliged to follow the Mediator Code of Ethics. Mediators are not on the side of either party. They are independent people committed to helping parties to resolve the problem. They must withdraw from any case if they think they might have a conflict of interest When someone is compromised because their personal interests or obligations conflict, or could be seen to conflict, with the responsibilities of their job or position. . If you believe that your Employment Mediation Services mediator has acted unfairly, you can contact us to make a complaint. mediationservice@mbie.govt.nz Mediator code of ethics [PDF, 889 KB] Contact us Confidentiality and exceptions Everything discussed in mediation is kept private. All information and documents provided for the purposes of mediation are confidential. Any terms of settlement reached in mediation are confidential. This means that information may not be shared with anyone outside of the mediation process. Because of this, what happens in mediation cannot be used as evidence in the Employment Relations Authority The tribunal established under the Employment Relations Act to resolve employment relationship problems. or Employment Court The court that hears and determines cases relating to employment disputes. It also hears challenges to determinations of the Employment Relations Authority and questions of interpretation of law. It has initial jurisdiction over matters like strikes and lockouts. . Information that is shared during mediation but was created outside the mediation process is not confidential. Parties can, however, agree to waive the confidentiality. Mediation carried out by Employment Mediation Services in the course of collective bargaining may not be confidential. Some professions have exceptions to confidentiality requirements Some professional bodies require a report of a dismissal When an employer removes an employee from their job, for example, as a result of misconduct or redundancy. or resignation When an employee tells their employer they will be leaving their job. , which may override the confidential nature of a record of settlement during mediation. For teachers, nurses and similar professionals there is a requirement that — in some circumstances — the employer notifies the appropriate professional body if an employee resigns or is dismissed. The Education and Training Act, for instance, makes such reports mandatory for teachers where misconduct or competence is being investigated at the time. In these cases, reporting some agreed outcomes in a record of settlement may be required. If this applies to you, you may consider addressing the need for notifications when negotiating a mediation settlement. The mediation process Who attends mediation? You, the other party and the mediator are the only people who must attend mediation. You can bring people to support you if you want to, for example, whānau, a support person, an advocate, lawyer or union An organisation that supports and advocates for employees in the workplace. Unions bargain for collective agreements and help employees with information and advice about work-related issues. representative. Generally, the mediator will meet with each party separately before coming together. You can let the mediator know about any needs you have for the mediation process. How long does mediation take? Mediations vary in length and approach. They may be in person, by video or by telephone. They usually last around 3 hours, but some can last all day or over several days. Your mediation confirmation letter will provide information about your appointment. What does mediation look like? At the beginning of the mediation, the mediator will: outline the process. You should ask any questions you have and let the mediator know if you are uncomfortable with anything allow you and the other party to give your side of the story. Make sure any documents or information are available to the mediator and other party allow you and the other party to describe the desired outcome. Be truthful about the outcome you really want. Clearly stating your goals will not work against you. Working through the issues The mediator will then help you to identify and discuss issues. The mediator will help both parties: understand their issues and interests more clearly. This could involve the mediator or parties asking questions of each other explore ways that the issue might be resolved discuss their potential risks, including what alternatives to resolving the issue at mediation might look like — for example, costs, injury to reputation, reduced employee productivity and further legal action manage expectations and emotions record areas of agreement focus attention on reaching a satisfactory outcome. If the process becomes tense, the mediator will do their best to keep things going smoothly. It’s common to take a break and for the mediator to check with each party individually about how things are going for them. Finding a resolution As the discussion continues, potential options for resolution may be identified. The details of these may need to be negotiated. At this point the parties may be separate and the mediator might share the offers between them. You can agree to outcomes in mediation which might not be available in the Employment Relations Authority (ERA). If the matter goes to the ERA, the possible outcomes are limited to those provided by the law. Some examples of agreements at mediation include: an agreement not to speak badly about each other after the mediation an apology the employer may provide a reference to the employee to help them get a new job reinstatement — this is where the employer gives the employee their job back financial compensation an agreement on how to improve the working relationship for the future. If you reach an agreement, the mediator can record and finalise it in a record of settlement. Records of settlement How to behave in mediation Mediation is based on the principles of being voluntary and confidential, empowering parties to make their own decisions, and being conducted by an impartial person. The mediator’s primary role is to provide a safe environment for parties to address their issues, understand each other’s perspectives, and work towards resolution that meets the needs and interests of both parties. If the mediator feels the mediation process is being undermined or any participant’s safety is at risk, the mediator can close the mediation. Find out how you achieve respectful mediation by reading the terms of engagement. Terms of engagement for mediation [PDF, 298 KB] The Mediation Process - Employment New Zealand This video provides an overview of the mediation process and what to expect. An Employment New Zealand mediator speaks direct to camera. So, you feel like there are problems at work, you've spoken to your employer, but you need some help to resolve the issue. If you can't fix a problem directly between yourselves, our free mediation service can help resolve the dispute in a way that is straightforward and informal. Both parties need to agree to come to mediation. A mediator and 2 other people are shown in a room during mediation, taking turns to speak. Mediation is about discussing an issue openly with the other party, usually in person, but sometimes online or by telephone. An experienced and impartial mediator will guide you through the process, and help you find a resolution that is agreed by all parties. Mediators will help the parties feel comfortable and at ease during a process that can sometimes be difficult. When you agree to attend mediation, we'll arrange a time that suits both parties. Everyone can then send in any documents they have that relate to the issue, so that the mediator can read them before the mediation begins. When you come for your mediation, you can wear whatever you like. It's important that you feel comfortable. You can bring a support person with you, like a friend, family member or union representative. You can also bring an advocate or a lawyer, but you'll need to pay for any costs incurred by having them attend. For instance, you'll need to pay the legal fees for a lawyer. At the start of the mediation, the mediator will introduce themselves to each party. The parties will usually get together in one room. The mediator will explain the process and what to expect from mediation. Both parties will have turns to speak during the mediation, and the mediator will make sure that breaks are held as needed. It's important that parties have the chance to hear each othe