Mediation | Employment Disputes | Staff Relations | Napier

Grow HR offers effective mediation services led by experienced mediator Lance Peterson. Mediation involves employers and employees voluntarily meeting with Lance to air and resolve problematic disputes and issues within the workplace. The goal of mediation is to work through and find pragmatic, interest-based and enduring solutions for all the parties involved.

What is mediation?

Mediation helps to systematically identify and discuss the issues between employers and employees, and to then discuss and generate focused solutions, which may resolve hostilities and problems, develop options, and consider alternatives.

Mediation is a very safe environment for both employer and employees to talk openly and honestly through the disputes or issues that exist and are preventing a harmonious working relationship.

Although mediation is led and guided by the mediator, both employer and employees are encouraged to reach terms agreed between themselves that accommodates both their needs and their need for resolution.

Grow HR can facilitate confidential mediation meetings with Lance as a mediator when:

There's conflict between an employer and an employee or ex-employee, and they have not been able resolve their issues.*
There’s conflict between two employees and the employer has been unable to resolve their issues.
The disputes are a result of misunderstandings, personality clashes or differences of opinion.^
Both parties want the situation dealt with informally through a mediated process rather than legal proceedings.

*It is important to note that Lance would only mediate between an employer and an employee where Grow HR was not representing the employer.

^Mediation is not a substitute for a serious misconduct or breach of company policy investigation or disciplinary processes. It can however occur prior to, or immediately after such processes.

How does it work?

Generally, the mediation process works like this:

Lance arranges to meet with both parties separately to explain the process and understand the situation clearly.
Both parties then meet together with Lance to outline their issues and engage in constructive discussion.
Lance encourages both parties to understand the issues raised, from each other’s perspectives.
Fair and equal discussion and negotiation follows, ensuring neither party feels disadvantaged.
Lance facilitates and encourages both parties to explore resolution and come to a final agreement.

Participation and confidentiality

Both parties will be required to sign a confidentiality agreement so the mediation is 100% confidential and no information will be repeated to another party or employment institution*.

You also have the choice of representing yourself or having somebody to help you before and during a mediation.

Participation in mediation is voluntary so if either party isn't happy with how the mediation is progressing they do not have to continue. And, neither party can be forced into a final decision or settlement agreement.

*For instance, the Employment Relations Authority or Employment Court – unless both parties agree or the mediation is part of a collective bargaining agreement.

What happens once an agreement is reached?

Once an agreement has been reached between both parties, a legally binding settlement agreement is signed. If an agreement can't be reached, both parties can request that the mediator make a recommendation, which if both parties agree, will also be legally binding.

Where two employees are in dispute a memorandum of understanding would be agreed between them on how they will work together professionally and respectfully in the future.

Mediation with Lance

Simply give Lance a call on 021 882 772 or send an email to lance@growhr.co.nz

Lance will talk through your situation, advise on next steps and how to prepare for your first mediation.

Resolving Disputes with Mediation

Helping employers and employees resolve problems to reach workable agreements.