What happens when an agreement is reached
If you come to an agreement, the mediator generally records your decision and obtains your signature. The mediator will record when and how agreements such as reinstatement of an employee, payment of a settlement or a formal apology, are to take place. Once you have signed the record of settlement, the agreement becomes a full and final settlement and cannot be reopened by either party.
The mediator is not permitted to sign a settlement in which a party agrees to forgo minimum entitlements provided in employment law. The mediator will advise you of your options should this possibility arise.
If you reach an agreement before your mediation meeting, you can ask a mediator to record that agreement. In this case the agreement has the same status as an agreement reached in a mediation and becomes a full and final settlement once it is signed by the mediator. Before signing the mediator will check that the agreement complies with the law and that the parties understand that the settlement will become final once signed.
Parties to the mediation are responsible for ensuring that the agreement is followed through. If you believe that the agreement has not been implemented as agreed or has been breached, you can ask the mediator to follow up. If necessary you can seek enforcement through the Employment Relations Authority or the Employment Court.
