Workplace Mediation
Mediation at work
Workplace disputes can be stressful, disruptive and difficult to resolve without the right support.
Workplace mediation gives parties an opportunity to discuss the issues, explore possible solutions and work towards a practical resolution.
Copeland McAllister’s specialist employment lawyers regularly advise and represent clients at mediation, supporting employers, employees and any other party involved in workplace disputes.
Whatever the circumstances – whether the mediation is privately arranged or held via the Ministry of Business, Innovation and Employment – our team can represent you.
We also offer independent mediation facilitated by our two accredited mediators, Naoimh McAllister and Hannah Goddard-Coles.
Our workplace mediation services
We provide two distinct services:
- Legal representation at mediation
Our workplace lawyers advise, prepare and represent clients taking part in mediation. - Independent workplace mediation
One of our accredited mediators facilitates the mediation as an independent and impartial third party.
The right option will depend on whether you need someone to advise and represent you, or an independent mediator to help the parties work towards a resolution.
Legal representation at workplace mediation
We provide legal advice and representation to clients involved in employment disputes.
Our lawyers can help you understand your legal position, prepare effectively and approach mediation with a clear and practical strategy. We work with you to identify what matters most, consider the possible outcomes and determine how you would like to resolve the dispute.
Our workplace mediation lawyers can assist by:
- providing legal advice before mediation;
- explaining your rights, obligations and options;
- helping you prepare your position;
- reviewing and preparing relevant information;
- identifying potential settlement options;
- representing and supporting you during mediation;
- negotiating settlement terms;
- preparing or reviewing settlement documentation; and/or
- advising you on the next steps if the matter is not resolved.
Our advice is clear, practical and focused on finding a workable way forward.
Independent workplace mediation
Alongside representing clients at mediation, Copeland McAllister offers independent workplace mediation.
Our independent mediators, Naoimh McAllister and Hannah Goddard-Coles, are accredited through the Resolution Institute.
When acting as an independent mediator, they do not represent either party or provide legal advice to one side. Instead, the mediator facilitates the process impartially, helping the parties:
- clarify the issues;
- communicate their perspectives;
- identify areas of agreement and disagreement;
- explore possible solutions;
- negotiate constructively; and
- work towards an agreed outcome.
The mediator does not decide who is right or wrong or impose an outcome. The parties remain responsible for deciding whether they reach an agreement and what the agreement includes.
Who can use our independent mediation service?
Our independent workplace mediation service may be suitable where:
- a working relationship has broken down;
- communication between colleagues has become difficult;
- conflict is affecting a team or the wider workplace;
- an issue has not been resolved internally;
- the parties want to address the problem before it escalates;
- a workplace or health and safety issue requires independent facilitation;
- an employer wants to provide a fair and structured resolution process; and/or
- the parties prefer to arrange private mediation.
Independent mediation can take place in person or online. It can be held at one of our offices, at the parties’ workplace or at another agreed neutral location.
What disputes can workplace mediation help resolve?
Mediation can be used to address a wide range of employment, workplace and health and safety issues.
These may include:
- personal grievances;
- disciplinary and performance matters;
- workplace relationship breakdowns;
- communication difficulties;
- bullying and harassment concerns;
- disputes about employment agreements;
- restructuring and redundancy disputes;
- disagreements between employees and managers;
- negotiated exits from employment;
- health and safety disputes; and/or
- other workplace conflicts.
Because every employment issue is different, we tailor our advice and mediation strategy to the circumstances, the people involved and the outcome our client wants to achieve.
What are the benefits of workplace mediation?
Workplace mediation may help parties resolve a dispute without the time, expense and disruption of formal litigation.
Depending on the circumstances, mediation can provide:
- Confidentiality: The parties can discuss the issues in a private setting.
- Practical solutions: The parties can explore options suited to their particular workplace and circumstances.
- Greater control: The parties decide whether to settle and what any agreed resolution will include.
- Earlier intervention: Mediation can be used before a workplace problem becomes more serious.
- Flexible arrangements: Mediation can take place in person or online and can be adapted to the needs of those involved.
- An opportunity to preserve relationships: Where appropriate, mediation can help improve communication and establish a more workable way forward.
Do I need a lawyer at workplace mediation?
Receiving specialist advice can help you understand your legal position, prepare for the discussion and properly assess any proposed resolution.
Having an employment lawyer represent you can help to:
- identify the outcomes you want to achieve;
- understand the strengths and risks of your position;
- prepare what you want to say;
- evaluate settlement proposals;
- negotiate appropriate terms; and/or
- ensure the final documentation accurately records the agreement.
Having legal support may be particularly valuable where the matter is complex, the employment relationship has ended, a personal grievance has been raised, or the proposed resolution may have significant consequences.
Where does Copeland McAllister provide workplace mediation services?
We provide workplace mediation representation and independent mediation services across New Zealand, and are happy to travel.
Copeland McAllister has offices in Invercargill, Queenstown, Wānaka, Cromwell, Dunedin and Timaru, and the firm services clients throughout New Zealand.
Depending on the circumstances, we can represent clients or facilitate independent mediation:
- in person;
- online;
- at one of our offices;
- at the workplace; or
- at another agreed location.
Online mediation means we can assist clients and facilitate workplace mediations regardless of where the parties are based.
Talk to our workplace mediation team
Whether you need a specialist workplace lawyer to represent you at mediation or an accredited mediator to independently facilitate the process, we can help you understand the options available.
Call us on 03 211 0153 or email admin@cmalaw.co.nz to discuss your workplace mediation needs.
