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Employment Relations Act 2000

Institutions - Mediation services

152: Mediation services not to be questioned as being inappropriate

You could also call this:

“You can't say the mediation service wasn't done right or wasn't the right kind of service.”

You can’t question or challenge mediation services in any legal proceedings. This means you can’t say that the type of services provided or the way they were given was not right.

However, there are some exceptions. You can challenge the terms of a settlement that you agreed to and signed under section 149 if you weren’t told about how the settlement would affect you. You can also challenge a decision made and signed under section 150 if you weren’t told about what it means to give the mediator the power to make decisions.

Remember, these rules are part of the law to make sure that mediation services are respected and used properly to help solve employment issues.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60927.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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151: Enforcement of terms of settlement agreed or authorised, or

“Rules about making sure people follow what they agreed to or were told to do after talking things out”

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153: Independence of mediation personnel, or

“People who help solve workplace problems must be fair and not take sides”

Part 10 Institutions
Mediation services

152Mediation services not to be questioned as being inappropriate

  1. No mediation services may be challenged or called in question in any proceedings on the ground—

  2. that the nature and content of the services was inappropriate; or
    1. that the manner in which the services were provided was inappropriate.

      1. Nothing in subsection (1) or in sections 149 and 150 prevents any agreed terms of settlement signed under section 149 or any decision made and signed under section 150 from being challenged or called in question on the ground that,—

      2. in the case of terms signed under section 149, the provisions of subsections (2) and (3) of that section (which relate to knowledge about the effect of a settlement) were not complied with; and
        1. in the case of a decision made and signed under section 150, the provisions of subsections (2) and (3) of that section (which relate to knowledge about the effect of conferring decision-making power on the person providing mediation services) were not complied with.