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Employment Relations Act 2000

Institutions - Mediation services

149A: Recommendation to parties

You could also call this:

“Someone can suggest a solution to your problem, and if you agree, it becomes the final decision.”

When you’re facing a problem at work, you and the other person involved can agree to get help from someone who works for the government to solve it. This person is called a mediator. You can both agree in writing to let the mediator make a recommendation about how to fix the problem. You’ll also agree on a date when this recommendation will become final if you both accept it.

Before the mediator makes their recommendation, they need to explain to you what will happen next. They’ll make sure you understand and still want to go ahead with it.

After the mediator gives their recommendation, you have until the date you agreed on to tell them if you don’t accept it. You need to do this in writing.

If you or the other person says you don’t accept the recommendation, you can try more mediation to solve the problem. You can even ask for a different mediator if you want.

If neither of you says you don’t accept the recommendation by the agreed date, it becomes final. This means you both have to follow it, and it can be enforced. Once this happens, you can’t take the issue to the Employment Relations Authority or to court, except to make sure the recommendation is followed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3640698.

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149: Settlements, or

“When people solve a problem together, they can make an agreement that becomes final and must be followed.”

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150: Decision by authority of parties, or

“When people agree, a special helper can make a final decision to solve their problem”

Part 10 Institutions
Mediation services

149ARecommendation to parties

  1. The parties to a problem may agree in writing—

  2. to confer the power to make a written recommendation in relation to the matters in issue on a person employed or engaged by the chief executive to provide mediation services; and
    1. on the date on which that person's recommendation will become final, unless the parties do not accept the recommendation.

      1. The person on whom the power is conferred must, before making and signing a recommendation under that power,—

      2. explain to the parties the effect of subsections (4) and (5); and
        1. be satisfied that, knowing the effect of those subsections, the parties affirm their agreement.

          1. Where, following the affirmation referred to in subsection (2) of an agreement made under subsection (1), a recommendation is made and signed by the person empowered to do so, a party has until the date agreed under subsection (1)(b) to give written notice to the person who made the recommendation that the party does not accept the recommendation.

          2. If a party gives notice under subsection (3) that the party does not accept the recommendation,—

          3. further mediation services may be provided in order to attempt to resolve the problem; and
            1. either party to the problem may request those services be provided by a person other than the person who made the recommendation.

              1. If a party does not give notice under subsection (3),—

              2. the recommendation becomes final and binding on, and enforceable by, the parties; and
                1. a party may not seek to bring that recommendation before the Authority or the court, whether by action, appeal, application for review, or otherwise, except for enforcement purposes.

                  Notes
                  • Section 149A: inserted, on , by section 24 of the Employment Relations Amendment Act 2010 (2010 No 125).