MBIE employment mediation is usually the first real pressure test of an employment dispute. Done properly, it can resolve a Personal Grievance (PG) quickly, confidentially, and on terms you control - without waiting months for an ERA hearing.
Key points
- Mediation is confidential: it is designed to encourage practical settlement.
- Preparation matters: timeline, documents, and a clear settlement position move the needle.
- You can agree flexible outcomes: references, exit terms, costs contributions, apologies, and more.
- Do not sign in a rush: once a Record of Settlement is signed, it is usually final.
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.
- Employees can come under substantial pressure at mediation to compromise, including on offers we consider far too low.
- We regularly see employers start with offers under $10,000, even in cases we value significantly higher.
If you want help preparing for mediation (or negotiating settlement terms), submit the case form with a short timeline and key documents and we will contact you.
Employee Case Form
Read more
Employment mediation
Mediation opening statement
Signing a mediation settlement
Employment Relations Authority (ERA)
Costs (ERA and Employment Court)
