What mediation is
Employment Mediation Services (part of MBIE) provides an independent, impartial mediator who helps both sides talk and look for an agreement. It's voluntary and confidential. Sessions may be in person, by video or phone. Employment NZ says the MBIE service is free; any lawyer or representative costs are separate.
Mediation can produce outcomes the Authority cannot order, such as an apology, a reference or an agreed statement about why you left.
How to ask for it
- Try raising the issue with your employer first (unless it involves bullying, harassment or discrimination and you don't feel safe).
- Apply online at dispute.employment.govt.nz (you log in with RealMe) or call 0800 20 90 20.
- Give your availability, a short summary of what happened, the outcome you want and any safety concerns.
- A case coordinator schedules the session. If none of the offered dates work for both parties, the case may be closed.
What happens on the day
- Sessions usually run around three hours, sometimes longer.
- The mediator usually meets each side separately first, then brings you together.
- Each person describes what happened and what outcome they want.
- Breaks are normal. You can ask for one at any time.
- You can bring a representative, lawyer, union rep or support person. Stay involved even if you have one.
What's said in mediation can't be used as evidence in the Authority or Court. Information that existed before mediation isn't automatically confidential.
What to check before signing
A record of settlement signed by both parties and the mediator is final and binding. You can't take the same matter to the Authority or Employment Court afterwards. A private agreement not signed by a mediator may be less secure, so ask who will sign.
| Check | Why |
|---|---|
| Amount, breakdown and payment date | Which part is wages, notice, redundancy or hurt and humiliation; how it is taxed; when it arrives. |
| Wording on your reason for leaving | It can help or hurt your job search. 'Role disestablished' is far better than vague wording. |
| Reference and statement of service | Agree the wording and who gives it. |
| Confidentiality clause | What you can still say to family, advisers, IRD, Work and Income and potential employers. |
| Non-disparagement and restraint clauses | Are they mutual? How long do they last? |
| What you are waiving | Usually all claims arising from your employment. Make sure unpaid wages or holiday pay are included in the amount. |
| Immigration effects | If you're on a work visa, ask about timing and whether your end date matters. |
| Benefit effect | A lump sum may delay Jobseeker Support. Ask Work and Income before signing. |
Putting an offer in writing
Proposing a settlement
Hi [Name], Following our discussions, I'm open to resolving this by a signed record of settlement through MBIE mediation. My proposal is: 1. A payment of [amount] gross, in addition to my final pay. 2. [N] weeks' notice paid in lieu. 3. An agreed statement that my role was disestablished, and a written reference in the attached form. 4. Mutual confidentiality, with exceptions for legal and financial advisers, IRD and Work and Income. This is without prejudice and subject to final agreement. I'd welcome your response by [date]. Kind regards, [Name]
Sources
- Employment NZ: Mediation (opens in a new tab)
- Employment NZ: Personal grievances (opens in a new tab)
- Community Law Manual: Redundancy (opens in a new tab)
General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.