Mediation under the Employment Relations Act 2000: Has the promise been fulfilled?

Abstract

Mediation is a prominent method of employment dispute resolution in New Zealand. In The Promise of Mediation, Bush and Folger argue that mediation can bring about social transformation to create a better society for all. Validation of this argument can be found in the REDRESS employment mediation program at the US Postal Service. Inspired by Bush and Folger’s argument and the success of REDRESS, this essay looks at the extent to which mediation has brought about social transformation in the New Zealand employment context.

The Employment Relations Act 2000 carries a promise to bring about social transformation through mediation. This promise is made up of two components: the provision of an effective, efficient and affordable method of dispute resolution, and the change from a litigious, competitive model to a collaborative, consensual model of dispute resolution. Although evidence shows that both components have been achieved, the true extent of social transformation remains unclear without more research on the wider impacts of mediation on individuals and society.