A record of settlement is created either by:
- the parties themselves and given to Employment Mediation Services to be signed by a mediator, or
- a mediator following a mediation meeting.
Without a mediation meeting
Sometimes parties will reach an agreement themselves. To make sure that this agreement can be enforced, a record of settlement should be written down and given (referred to as submitted) to the Employment Mediation Services to check and sign.
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The agreement then has the same status as an agreement reached in a mediation and becomes a full and final settlement once it is signed by a mediator from the Employment Mediation Services. Before signing, a mediator from the Employment Mediation Services will check that the agreement complies with the law and that the parties understand that the settlement will become final once signed.
Once a record of settlement is submitted, a mediator from the Employment Mediation Services will contact the parties involved to:
- discuss the settlement and explain the effects signing.
- make sure the parties involved want the mediator to sign off the agreement, that they know what that means.
- check that in making the agreement, that the parties did not agree to give up any minimum entitlements.
Following a mediation meeting
If agreement is reached in a mediation meeting, then the mediator usually writes down what is agreed (the terms of the agreement) and gets the parties to sign this. This is call the record of settlement.
Once the record of settlement has been signed, the agreement becomes a full and final settlement and cannot be reopened by either party.
The mediator is not allowed to sign a settlement in which a party agrees to give up minimum entitlements provided in employment law; in these situations, the mediator will provide advice about options.
Mediation can provide you with more information about various aspects of the mediation process.