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.
Please include any supporting document as scanned attachments to your request (e.g. the employment agreement, time and wage records, any letters emails and text messages). If you need assistance completing the request form, please contact us.
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
Mediation Workbook: Preparing for Mediation - PDF 600KB
This workbook helps 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.
Requesting employment mediation online user guide - PDF 588KB
Step-by-step user guide for requesting employment mediation online.