What is mediation between an employer and an employee?

Mediation can feel a bit nerve-wracking but here's a bit of a lowdown on what to expect.

If you’ve ever had an employee raise a grievance — and it wasn’t something that could be resolved over a coffee or quick phone call — you’ll know how quickly things can get complicated. If you're off to mediation, here's a quick breakdown of what to expect...

When do we actually go to mediation?

Once it’s clear that you and your employee can’t resolve things directly — maybe you’ve had a conversation or two, but you're getting nowhere — mediation is usually the next formal step. It’s organised through MBIE, and it’s confidential.

How long does it take to get a mediation date?

That part can be slow. Even once the paperwork is submitted, you’ll often wait a few weeks before a date is offered. Realistically, it can take up to two months to actually sit down (or log in) for the session. It can be frustrating, especially if you just want things sorted.

Is mediation in person? What if I don’t want to be in the same room as them?

Good news — mediation can be done via Zoom. If the idea of sitting across from your ex-employee makes your stomach turn, you can request remote mediation or even separate rooms in person. Flexibility is common, and the mediator’s job is to keep it professional and safe.

What actually happens during mediation?

Here’s a rundown:

1. The mediator explains how things work – confidentiality, process, ground rules.

2. The employee (usually the one who raised the issue) shares their side and what outcome they want.

3. You (the employer) get a chance to ask questions, then share your side.

4. Once both sides are heard, the mediator usually separates the two parties and moves between rooms trying to help both sides find a resolution.

Think of the mediator as a neutral go-between, not a judge. They're there to facilitate a solution, not decide who’s right or wrong.

How long does mediation take?

For most cases, mediation lasts about half a day, with some short breaks. If it’s a complex issue, the mediator might recommend a full day, but you’ll know this ahead of time. And if you reach an agreement early? You’re done sooner — simple.

And if we could give you one piece of advice?

Don’t wing mediation. It’s too important — and too easy to misstep if emotions run high. Get proper advice before walking into (or logging into) mediation, you'll probably sleep better because of it. If you're in this situation now, we can help you prepare and walk you through the process.