× Alert

COVID-19: Auckland is at Alert Level 3. The rest of New Zealand is at Alert Level 2. Mediations are being held by phone and video conference in the Auckland region.

How to request mediation

Make a request for mediation through Employment Mediation Services online.

COVID-19 and mediation

In this time of uncertainty, we encourage you to use our phone or video conferencing options. These options are an effective way to help resolve issues in a timely manner. If you are unfamiliar with the use of Zoom or telephone mediation, please let us know and we will help you through the process.

If there is a change to your mediation booking due to changing Alert Levels, we will contact you by phone, email or text, to let you know what this means for you.

Alert Level 1 and 2

In-person mediations can take place during Alert Level 1 and 2. If you are available for mediation via phone or video conference, let us know when booking your mediation.

Note: there are certain requirements that must be followed during Alert Level 2 in-person mediation. These include wearing face coverings and mandatory sign-in.

Requirements for in-person mediation during Alert Level 2 [PDF 130KB]

Alert Level 3 and 4

In-person mediation cannot take place. Mediations will only be held over the phone or video conference.

We are currently experiencing high demand

We are currently experiencing very high demand for mediation services. This is resulting in application processing delays and longer than usual wait-times for mediation dates. We appreciate your patience as we continue to deal with the effects of COVID-19.

Alternatively, you may want to use the Early Resolution Service to resolve your workplace issue early, quickly and informally.

Early Resolution Service

Mediation

Mediations may be offered remotely – by videoconference online or by telephone. Where both parties agree, this way of attending mediation can usually be confirmed sooner.

Online mediation meeting

Please confirm offered dates and provide all the information needed to assess a case quickly. In particular:

  • What happened, what you want to achieve from the mediation, whether the respondent has been informed and has agreed to come to mediation, the current state of the relationship
  • Whether there are any safety issues or special requirements

You only need to send in supporting information that is directly relevant to the issues.

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're not comfortable talking to your employer first (or anyone else in your organisation) because of the type of behaviour (bullying, discrimination or harassment) or person you're complaining about, you'll be able to apply directly for mediation.

If you decide you need mediation, you can use the free Employment Mediation Services.

How to request mediation

In order for us to process your application and avoid any delays, we require you to fill in the below form.

This information is important - It helps us to understand how we can assist you and progress your application through our system.

Once you have completed the form, save the document and then upload with your application form.

Mediation pre-application form [DOCX 35KB]

Note: This link will take you to the RealMe login page.

Requesting mediation (external link)

 

Pre-mediation preparation

Parties should come to mediation prepared to provide an opening statement in summary form, to listen to the other party, to be open-minded on how the matter could be resolved, and to ensure they have authority to resolve the matter.

Refer to our Mediation Workbook for more information:

Preparing for mediation [PDF 600KB]

The mediation meeting

Once we have received your Request for Mediation and supporting documentation, you and the other party will be contacted by one of our Employment Mediation Services staff to find a suitable time and place for a mediation meeting to take place, which may be online.

If you have any special needs at the mediation meeting, such as an interpreter, it is important that you raise these issues when the mediation is being arranged. Please let us know if you have any cultural needs, such as wanting mediation to occur on a marae and we will do our best to accommodate this.

It is important that your mediation meeting is held in a location in which both parties feel comfortable and where confidentiality can be maintained. Venues may include:

  • online using a secure platform
  • the MBIE mediation offices
  • the workplace
  • a marae
  • a local community venue
  • by telephone.

Learn about how to prepare for a mediation meeting.

Don’t stop trying to resolve your problem

If any new relevant information becomes available before the mediation meeting, you should send this to the mediator (eg the employment agreement, time and wage records, any letters, emails and text messages).

While you’re waiting for mediation, we encourage you to keep trying to resolve the problem. If you do come to an agreement before the meeting, you can record the agreement yourself. Once signed by the parties and an Employment Mediation Services mediator, this agreement will have the same status as an agreement reached in a mediation meeting.

If you do reach agreement before the mediation, be sure to let Employment Mediation Services know so that the date they have set aside for you can be made available to others.

How to submit a record of settlement can help you record the agreement yourself.

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Page last revised: 13 October 2021

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