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How do I receive notice of a mediation meeting

When a problem occurs, the two parties should discuss and, if possible, resolve matters themselves before attending a mediation meeting. A mediator may provide the parties with early assistance to help them in this.  If both parties still request a mediation meeting the Department’s area office closest to where the employment relationship occurred will contact you to arrange a meeting.

Attendance at mediation meetings is voluntary but participation in mediation can be seen as part of the good-faith duties of the employment relationship under the Employment Relations Act. If you refuse to participate, the other party can take their complaint to the Employment Relations Authority, which can then require you to attend mediation.

While you are waiting for the meeting you can still seek a resolution with the other party, seek early assistance from a mediator, or obtain information from the Department of Labour that might help you reach an acceptable outcome.

If you continue to work on the problem and reach an agreement before the scheduled meeting, you can ask a mediator to record that agreement. The mediator will check that the agreement complies with the law before signing it.  When it is signed the agreement has the same status as an agreement reached in a mediation meeting and becomes a full and final settlement.

If a mediation meeting has been arranged but you no longer require mediation you should let the Department’s area office know.