To keep our people and parties safe and play our part in reducing the transmission of the COVID-19 virus in New Zealand from Monday 23 March, 2020 service delivery for mediation services will be via telephone mediation or other remote method until further notice.
The Employment Mediation Service remains open and available to workers and workplaces over this period to assist you with your employment problems.
The process of mediation remains unchanged. As always you will be supported by a mediator. Both parties will be able to present and discuss their issues.
If you are represented, your representative will also be able to phone in to support you in the process. You will have the opportunity to talk with your representative and/or the mediator in private throughout the course of the mediation as required.
If you both come to an agreement a settlement agreement will be prepared for you to sign and information sent to you on options for signing remotely.
The Employment Mediation Service recognises that workers and workplaces are under stress as a result of the COVID-19.
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.
Request for mediation through Employment Mediation Services
The Request for Mediation form aims to capture as much information as possible about your situation to help us work out the best course of action and next steps.
When requesting mediation you must include any supporting documents, for example:
- employment agreement
- notes or minutes of any conversation
- time and wage records
- any letters, emails or text messages.
If you need assistance completing the request form, please contact us.
Please note: This link will take you to the RealMe login page.
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.
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:
- the MBIE mediation offices
- the workplace
- a marae
- a local community venue.
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.
Tools and Resources
Requesting employment mediation online user guide - PDF 588KB
Step-by-step user guide for requesting employment mediation online.
Mediation workbook: Preparing for mediation - PDF 600KB
A workbook to help you sort your thoughts before mediation.
Using Mediation Services effectively - PDF 1.4MB
A guide to help employers and employees use Employment Mediation Services effectively.
Subscribe to our email newsletter
Receive news and updates each month from Employment New Zealand.