Mediation is a semi-formal meeting between an employer and employee facilitated by an independent person called a mediator. The mediator helps the parties to discuss and, if possible, settle their employment relationship dispute by agreement.
bossed | Making your voice heard
Sitting down face-to-face with your employee for mediation can feel overwhelming. Thankfully what is discussed at mediation is confidential and it is generally an amicable process where the parties politely and professionally discuss how to move forward and resolve the matters at hand. The team at bossed provide expert guidance and professional representation to ensure you get the best outcome.
What can I expect during the Mediation process?
Prior to mediation, there are likely to be phone-calls, emails and other communications between parties in an attempt to resolve the issue before having to meet for mediation. Parties may seek professional advice or representation. If you are going to mediation you will need to prepare what you want to say and collate any supporting information to bring along to help you tell your story.
On average mediation takes 3-4 hours but can take longer if required. The mediation is a semi-formal meeting facilitated by an independent mediator and attended by all parties involved in the dispute, including any representatives, and support person/s. The mediator's role is to mediate - they have as much power in this role as the parties wish. They can be given the power to make recommendations and a binding decision if all parties agree. The mediator is an independent person whose goal is to find a fair solution for both sides. They are bound by the Mediators’ Code of Ethics.
When the mediation begins, the mediator will outline what’s going to happen and answer any questions the parties may have about the process. Each side will be given the opportunity to outline the issue/s and tell their side of the story. The mediator may ask questions to clarify issues and allow parties to do the same once the other party has finished speaking. They will provide relevant legal information and then facilitate a problem-solving discussion, mediating between the parties.
Following the discussion, the parties should express how they think the issue/s can be resolved. You should be clear about what you think is an appropriate solution but also be flexible and realistic in order to come to an agreed outcome. Solutions will vary depending on the situation but commonly include an apology letter, financial settlement/compensation and/or a reference (written supported by verbal).
The goal of mediation is to come to an agreed solution that both parties are satisfied with and formalise this with a written and signed Record of Settlement.
A signed Record of Settlement is a legally binding decision and cannot be undone or appealed. No future disputes can be raised about the same issues once this record is signed off by the relevant parties and mediator. Coming to an agreement will avoid having to go any further in the formal dispute resolution process. If an agreement was not reached the next step will be to take the matter to the Employment Relations Authority where it will be investigated and an Authority member will make a determination.
How can bossed help me?
From the moment you contact bossed you can start to relax and know that you’re going to be well supported. We provide sound, practical advice and as your representative, we keep interactions between you and your employee professional and civilised every step of the way.
Prior to mediation, our team will help you to gather important facts and set out the relevant law, decide what you're going to say, and identify appropriate solutions. During the mediation, we will help you to express your views and negotiate the best possible outcome.
Contact our friendly team today for a FREE and confidential consultation.
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Julie, bossed client
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