Mediation is the primary means of resolving employment relationship problems under the Employment Relations Act 2000. Although mediation is not, technically, compulsory, it may as well be. You will find it very difficult to avoid it if the other party seeks it.
Employers often think personal grievance claims are frivolous and without merit so this argument, on its own, is unlikely to get an employer out of mediation. An employee can seek from the Employment Relations Authority a Direction to Mediation. Such directions are granted almost automatically.
Ministry of Business, Innovation and Employment statistics indicate that 80% of mediations are ‘successful’, which means that settlement is reached. It is true that, in most mediations, both parties walk away equally grumpy, but this should be taken as a sign that each party has either offered or accepted a settlement as good as or better than they are likely to achieve in court.
• Your prospects of obtaining an urgent mediation date
• The best strategy
• The range of reasonable settlement outcomes for your case
At mediation, I will either argue your entire case or support you as your argue it, depending on the level of input you want me to have.
Click here for answers to frequently asked questions about mediation
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