How Employment Mediation Works
In the employment law jurisdiction the ERA and the Employment Court have the power to direct parties to use mediation. Here is how employment mediation process works and an insight into common behaviours used during employment mediation.
The mediation process
- Mediation is confidential.
- The parties have control over the outcome.
- Every participant has an opportunity to speak.
- The claimant or applicant (often the employee) to the dispute first presents their case uninterrupted.
- The respondent (often the employer) presents their reply, or their defence to the employee's case uninterrupted.
- The mediator facilitates resolution and speaks to parties privately.
- The mediator gives a risk analysis separately to both parties.
- Parties can agree to disagree.
What really happens at mediation
- Parties will pull faces; make inappropriate comments.
- The mediator does not always give the employer a risk analysis.
- When the lawyer for the employer speaks during joint session, often they go around in circles repeating points that they have already made. This annoys us and the mediator; wastes time.
- We will then interrupt, then it is: "let me finish, let me finish!"
- The employer's lawyer will often not present any law to justify the employer's position.
- The mediator puts pressure on the employee to settle for peanuts.
- Employers never offer more that $10,000 to settle at mediation.
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