Employment Claims Act 2016 · 2020 Revised Edition · Part 2 · Mediation of Employment Disputes
4. Conduct of mediation sessions
Feedback & supportLast amended by an amending law of 2018.
An approved mediator must conduct the first mediation session for a specified employment dispute as soon as is reasonably practicable after that dispute is referred under section 3(5), 7(5)(b)(ii) or 22(8) to the approved mediator.
approved mediator
“approved mediator” means any individual approved by the Commissioner as a mediator for one or more of the following:(a)a mediation under Part 2 of a specified employment dispute;(b)a tripartite mediation;(c)a mediation mentioned in section 115(2A) of the Employment Act 1968;(d)a consultation or conciliation under section 8A(5) of the Retirement and Re‑employment Act 1993;(e)a mediation or conciliation of any dispute under any other written law that the Commissioner may determine, being a written law relating to employment, employment terms or the relations between employers and employees;
Despite subsection (1), an approved mediator need not conduct any mediation session for a specified employment dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.
mediation session
“mediation session” means a meeting between 2 or more parties to a dispute for the purposes of a mediation;
Each mediation session must be held in private.
Despite subsection (3) —
the Commissioner may refer all of the specified employment disputes mentioned in subsection (5)(a), (b) or (c) for mediation by the same approved mediator; and
that approved mediator may conduct the mediation sessions for all of the specified employment disputes mentioned in subsection (5)(a), (b) or (c) together at the same time and place.
Subsection (4) applies where —
2 or more claimants have submitted to the Commissioner mediation requests for the mediation under this Part of specified employment disputes with the same respondent, and the Commissioner is satisfied that all of those disputes are similar in nature;
2 claimants intend to lodge claims against each other, and each claimant has submitted to the Commissioner a mediation request for the mediation under this Part of that claimant’s specified employment disputes with the other claimant; or
the same claimant has submitted to the Commissioner 2 or more mediation requests for the mediation under this Part of specified employment disputes (each concerning the recovery, under section 65 of the Employment Act 1968, of the same salary) with different respondents.
Regulations made under section 34 may provide for any matter relating to the conduct of a mediation session.