Mediation and Conflict Resolution

John Wood

John has over 10 years’ experience as an employment mediator.  During that time, he has mediated over 2300 disputes involving every type of employment matter, ranging from the simplest issues of recovery of holiday pay to very complex issues where the parties are legally represented.  He has developed strong working relationships with employers, advocates and union officials.

John brings wide practical experience to his role having worked as an employee, supervisor, manager, business owner and employment relations adviser. He has a strong understanding of how business and employment relationships work.  This experience helps him advise on practical ways to resolve issues, supported by a strong knowledge of the law.

John holds a Bachelor of Business Studies (Industrial Relations) degree and a Diploma of Business Studies (Dispute Resolution).

Justine O'Connell

Justine is a director of Teesdale Associates, with over 20 years’ experience in employment relations and human resources consulting.  She has proven experience across a range of disciplines including business restructuring, employment agreement design, collective bargaining strategy and advocacy, disciplinary processes and resolution of disputes and grievances. She is experienced in resolving and advising on a wide range of employment disputes including personal grievances.

Justine is a professional member of the Resolution Institute, the largest dispute resolution membership organisation across Australia and New Zealand. She is also an experienced workplace investigator and is a certificate holder with the US Association of Workplace Investigators as well as being a registered Private Investigator. 

Justine has a Bachelor of Laws from University of Canterbury.

Clive Bennett

Clive has 35 years’ experience in resolving employment disputes across private, public and not for profit sectors as an employment lawyer, advocate and employment mediator mediating collective bargaining matters and personal grievances as well as helping restore damaged employment relationships.

Clive has a Master of Laws from the University of Natal.  He has completed the Resolution Institute (formerly LEADR) training programme and is currently an accredited Member on their panel of Mediators. He has also recently completed an Interest Based Bargaining training programme delivered by the American Federal Mediation and Conciliation Service (FMCS).

Why Engage Us?

Compared with the free services available through MBIE you will find the main advantages we offer are:

• Speed of response – a core value of our business.
• You can talk directly with a real person to make arrangements on an urgent basis.
• An appointment will be offered promptly - you won’t have to wait weeks – which is particularly important where the employment relationship is ongoing.
• You can choose your mediator.
• You are guaranteed that your mediator will be skilled and experienced.
• You will find our people work very hard to achieve a mutually acceptable outcome – as opposed to just being a messenger conveying proposals between the parties. 

Early intervention in any issue is a real benefit. The costs of private mediation pale into insignificance compared with the costs incurred if an employee is on paid sick leave or suspended, or if a restructuring process is delayed by threatened litigation. 

Does the mediator make a binding decision?

A mediator does not decide an outcome - a settlement is only reached if the parties mutually agree to it.

A mediator helps the parties focus on the issues and keeps communication going to achieve an outcome. The mediator also decides in advance what the rules of engagement will be; and ensures the parties deal with each other in good faith. 

A mediator does not give advice or an opinion, unless the parties request it.  However, as our mediators are experienced and knowledgeable in the law and employment processes, they will present each party with a risk assessment of their position. Our approach is to work hard with both parties to achieve a mutually acceptable outcome as quickly as possible.

Do I need to be represented at mediation?

It is not necessary to be represented, but of course you have the right to be represented if you choose.  The process is informal, unlike a tribunal or court process.  What is said in mediation is confidential and can’t be referred to at a later date so you can’t get into too much trouble if you do represent yourself.  Also, any outcome mutually agreed is usually confidential. 

How will I know the outcome is final and binding?

Once a settlement is reached the parties sign a formal settlement agreement recording the agreed terms.  This will confirm that the settlement is confidential and full and final.  No personal grievance action may be taken subsequently.  Usually the settlement will be lodged with MBIE for certification and record keeping.  

What happens if no settlement is reached?

If no settlement is reached at the hearing, there are opportunities after that to reach settlement which we will actively pursue.  Failing that, either party may make application to the Employment Relations Authority to determine the matter.

What do we mediate?

Mediation is appropriate for any type of employment relationship problem, including: 

• Interpersonal relationship conflicts
• Misconduct or performance issues
• Unjustified dismissal claims
• Unjustified disadvantage claims
• Disputes about terms of employment
• Collective bargaining disputes
• Threatened strike action
• Bullying and Harassment
• Health and safety issues

Private and Commercial disputes

Yes, we provide mediation services for private or commercial disputes.  The principles in each case are the same.

The mediator helps the parties focus on the issues and keeps communication going to achieve an outcome. The mediator specifies the rules of engagement and ensures the parties deal with each other respectfully.  A mediator does not decide an outcome - a settlement is only reached if the parties mutually agree to it.