Mediations under Alert Level 1
Under Alert level 1 the Employment Mediation Service will be providing in-person and telephone mediations. In line with the Government's Alert Level 1 advice, contact tracing systems will be in place. You will be advised on protocols when you apply for mediation. We will also continue to ensure that hygiene standards are high on our sites.
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.
It would be helpful if you could quickly 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
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.
See our Mediation Workbook for more information:
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
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.
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.
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