What Happens When Agreement Is Reached?
If you come to an agreement, the mediator generally records your decision and obtains your signature. The mediator will record when and how agreements such as reinstatement of an employee, payment of a settlement or a formal apology are to take place.
Once you have signed, the agreement becomes a full and final settlement and cannot be reopened by either party.
Parties to the mediation are responsible for ensuring that the agreement is followed through. If you believe that the agreement has not been implemented as agreed or has been breached, you can ask the mediator to follow up. If necessary you can seek enforcement through the Employment Relations Authority or the Employment Court.
What Happens If An Agreement Can’t Be Reached?
Sometimes you will end up just not agreeing on an answer to the problem. At this point the mediator will help you to recognise that no progress can be made unless one party or both change their position.
If it looks like more information or assistance could lead to a settlement, the mediator can arrange an adjournment. You can agree on a time to meet again with the mediator, or make a commitment to work things through yourselves and contact the mediator for assistance or to record an agreement.
If it looks unlikely that you will reach an agreement, both parties can agree in writing to allow the mediator to decide the outcome (see section 17 for further information).
If you can’t see a possibility of agreement, the mediation ceases and you are left either to come to terms with your differences or to pursue the matter with the Employment Relations Authority or the Employment Court. These institutions can direct you to try mediation again if they believe you should be able to reach agreement.
back to top
This page was last updated on:
04-May-2009
and is current.
|
