Can the mediator make a recommendation?
At any stage you can agree to the Department’s mediator making a recommendation on how to resolve the employment relationship problem. Both parties must agree in writing to a mediator’s recommendation and that recommendation will be full, final and enforceable unless you or the other party notify the mediator within a specified timeframe that you reject the recommendation.
You will have time to consider whether or not to accept the recommendation. The onus, therefore, will be on you to say whether you accept or reject the recommendation. If you or the other party do not accept it, the mediation may continue with another mediator, if requested, or an affected party may refer the matter to the Employment Relations Authority.
