MBIE Mediation: What It Is and How I Can Help You

What is MBIE Mediation?

MBIE (Ministry of Business, Innovation and Employment) mediation is a free, confidential service provided by the New Zealand government to help resolve employment disputes. It's a semi-formal process where an independent mediator helps employers and employees discuss their issues, understand each other's perspectives, and work toward a mutually acceptable resolution.

Mediation is voluntary but is often seen as part of the good faith duties in an employment relationship. It provides a neutral environment to address workplace problems without immediately resorting to the more formal and costly Employment Relations Authority (ERA) process.

When Does MBIE Mediation Occur?

MBIE mediation typically occurs:

1. After internal workplace resolution attempts have failed

2. Before taking a case to the Employment Relations Authority

3. When either an employer or employee requests it through the MBIE mediation service

4. When dealing with issues such as personal grievances, disputes over employment agreements, or workplace relationship problems

In most cases, you should first try to resolve issues directly with the other party. However, if you're uncomfortable doing so because of bullying, discrimination, or harassment, you can apply directly for mediation.

The Mediation Process

The typical MBIE mediation process includes:

1. Application: Either party submits a request for mediation through MBIE

2. Scheduling: The mediation service contacts both parties to set a date and time

3. Preparation: Both parties prepare their case and gather relevant documentation

4. Mediation Day: in a Zoom meeting:

   1. The mediator meets with each party separately

   2. Both parties come together to discuss the issues

   3. The mediator facilitates conversation and negotiation

   4. If an agreement is reached, it's documented in a Record of Settlement

5. Follow-up: Parties implement the agreed-upon resolution

Mediation sessions usually last 3-4 hours but can take a full day for complex cases. They can be conducted in person, via video conference, or by phone.

How I Help You as Your Employment Advocate

With my 30 years of experience as both an employer and employee, I provide comprehensive support throughout the MBIE mediation process:

Before Mediation:

1. Assess your case and advise on its strengths and weaknesses

2. Help you understand your legal rights and entitlements

3. Gather and organize relevant documentation and evidence

4. Prepare a strategic opening statement that clearly presents your position

5. Develop realistic settlement goals and negotiation strategies

6. Explain the mediation process so you know what to expect

During Mediation:

1. Represent you and speak on your behalf when needed

2. Provide emotional support and professional guidance

3. Help articulate your concerns clearly and professionally

4. Assist in evaluating settlement offers

5. Ensure your legal rights are protected

6. Negotiate effectively with the other party

7. Help draft the Record of Settlement to ensure it accurately reflects the agreement

After Mediation:

1. Explain the terms of the settlement and your obligations

2. Advise on implementation of the agreement

3. Provide guidance if the other party fails to comply with the settlement

4. Assist with next steps if mediation is unsuccessful

Benefits of Having Me as Your Advocate at MBIE Mediation

Having an employment advocate represent you at MBIE mediation offers several significant advantages:

• Expert Knowledge: I bring specialized understanding of employment law and the mediation process that most employees and employers don't possess.

• Emotional Distance: Employment disputes can be highly emotional. I provide objective representation, keeping discussions focused and productive.

• Strategic Preparation: I help craft a compelling case presentation and opening statement that clearly communicates your position.

• Negotiation Skills: With experience in numerous mediations, I can negotiate effectively to maximize your chances of a favorable outcome.

• Level Playing Field: If the other party has representation, having your own advocate ensures you're not at a disadvantage.

• Stress Reduction**: Having professional support reduces the anxiety and pressure of navigating the mediation process alone.

• Higher Settlement Values: Research shows that represented parties typically achieve better financial outcomes than unrepresented parties.

• Legally Sound Agreements: I ensure any settlement reached is properly documented and legally enforceable.

Contact Me for MBIE Mediation Representation

If you're facing an employment dispute that may require MBIE mediation, I can help you navigate the process successfully. With my 30 years of experience and unique perspective as someone who has been both an employer and employee, I'll work to protect your interests and achieve the best possible outcome.

My performance-based fee structure means you only pay if we achieve a successful result, and I offer a free initial consultation to discuss your situation.

Contact me today at [contact details] for a confidential discussion about your situation and how I can assist you through the MBIE mediation process.