Dispute Resolution
Working it out before a hearing decides it for you.
At Matt and Zen we work through employment disagreements for employers and employees: directly first, then at mediation, and through the Employment Relations Authority where that becomes necessary.
Most employment matters settle. The useful questions are usually when, on what terms, and what it costs to get there — not who would win at the end.
We will tell you where your position is weaker than you think. That is more useful to you than agreement.
Scope
We can assist with the following, and more.
Before it escalates
- Assessing the position honestly, early
- Correspondence between the parties
- Negotiating a resolution directly
Mediation
- Preparing for mediation
- Representation on the day
- Recording a settlement so that it is final and enforceable
Formal process
- Employment Relations Authority investigation meetings
- Evidence, witnesses and the written record
- Costs, and how they usually fall
Other routes
- Disputes about the meaning of an employment agreement
- Breach of an agreement
- Disputes over restraint of trade
Settlement
Most of these never reach a hearing.
Employment disputes are built to settle. Mediation is free to access, confidential, and resolves the large majority of matters that reach it.
A settlement that is properly recorded ends the matter for good. One that is not can be reopened, which defeats the point of settling at all.
We prepare for mediation on the basis that it will work, and on the basis that it might not.
Questions
Frequently asked questions.
Is mediation compulsory?
Not in every case, but the Authority will usually expect you to have tried it. It is also the fastest and cheapest route to an end.
Does mediation cost anything?
Mediation services are provided by the government at no charge. Your own representation is the cost, and it is far below a hearing.
Is what I say at mediation confidential?
Yes, and that is what makes it work. It lets both sides explore an outcome without it being used against them later.
What is a recorded settlement?
A settlement signed off by a mediator. Once recorded it is final and enforceable, and neither side can reopen it.
How long does the Authority take?
Longer than mediation, and the timeframe moves. If speed matters to you, that weighs in favour of settling.
Who pays the costs?
Costs usually follow the outcome at the Authority, but not completely. Assume you will carry some of your own either way.