Mediation is frequently used to resolve disputes as an alternative to litigation. Most New Zealand jurisdictions offer or encourage the use of mediation to resolve disputes before going to court because its more cost effective, and the outcomes are often more favourable for both parties. Mediation is confidential, without prejudice and offers a much wider scope for dispute resolution than can be achieved through a court decision.

ER Resolutions offer mediation services to resolve employment and commercial disputes.

Whilst many employers are familiar with using MBIE mediation services after a personal grievance has been received, ER Resolutions offers a much more pro-active service where disputes can be resolved before both parties get entrenched in an issue. Our mediation services can be effective when:

• You have employees who are in dispute, where your preferred outcome is that both employees remain in their jobs and learn to work together.
• Communication has broken down between any parties to the employment relationship, and these parties are important to your business.
• A dispute is causing issues within the workplace, which you need to resolve but are unsure how to do this.

Commercial disputes might be between you and a key customer, supplier, or competitor, or even between third parties who need to work together such as two of your suppliers. Whilst commercial disputes are often resolved in court, mediation can be an effective alternative. The benefits of mediation can include:

• Important relationships are left intact, or even improved
• Both parties buy in to an agreed outcome, meaning they are likely to honour an agreement
• A resolution is reached by agreement, meaning both parties avoid the risk of losing in court
• A number of options are explored to resolve an issue, in accordance with the needs of both parties
• A greater understanding of each parties’ positions, which reduces the likelihood of future disputes arising within an ongoing relationship
• If mediation is not successful in reaching an agreed outcome, both parties are free to pursue any other options they see fit to resolve an issue.

Mediators are impartial. So if we already have a working relationship with you, we may not be in a position to provide mediation services to you directly. In these situations, we would be happy to provide you with details of other accredited mediators who can help.

Contact us for more information.