Going to mediation

Mediation is an important part of problem resolution. We expect cases to go to mediation – in fact, we are required by law to give priority to cases that have already been to mediation.

When to go to mediation

We recommend you go to mediation before lodging an application with the Authority. Going to mediation before you apply to us will mean your case is heard more quickly.

If we receive an application that has not been to mediation we will usually refer the matter to mediation as a first step.

If the Authority member thinks it will be helpful, they can refer parties to mediation at any time – including if you have already been to mediation.

What happens if my application is directed or referred to mediation

If your application is directed or referred to mediation, the Authority process is paused while mediation takes place.

This means that during mediation:

  • the Authority does not take further steps on your application, and
  • the Authority cannot provide updates or timeframes about allocation or investigation.

This pause allows parties to focus on mediation.

Who you should contact during mediation

While mediation is underway, all enquiries about progress, scheduling, or next steps should be directed to the Ministry of Business, Innovation and Employment’s Mediation Service, not the Authority.

Contacting the Authority during this time will not progress your application.

The Authority will resume consideration of your application:

  • only after mediation has concluded, and 
  • the mediation outcome has been formally advised to the Authority.

What happens at mediation

Mediation is confidential – you cannot talk about anything that happened in mediation with the Authority or at Employment Court. This is so everyone can talk freely at mediation and try to reach an agreement.

At mediation you can:

  • make offers and counter offers “without prejudice” – which means that what you say at mediation cannot be held against you later
  • ask for remedies that are not available to you in the Authority – for example, being provided with a reference, an apology, an agreement to not say anything to discredit or disparage a party, and confidentiality.

Arranging mediation through MBIE

The Ministry of Business, Innovation and Employment offers a free nationwide mediation service.

Mediation – Employment New Zealand(external link)

What happens after mediation

If the matter is resolved at mediation, the applicant is responsible for notifying the Authority and withdrawing the application. If the matter is not resolved, the parties must contact the Authority if they wish to progress the application further.