Why do we only hear about ERA outcomes and not Negotiation or Mediation results?

When you come to Mathews Walker for help during your employment dispute, there is a good chance it will be resolved long before it reaches the Employment Relations Authority (ERA).  But the only results we talk about are our ERA determinations.  And there is a good reason for that.  

In New Zealand, the official numbers and statistics about employment disputes usually show only the outcomes reached by the ERA like determinations for unfair dismissal, unfair disadvantage, or personal grievances. But many disputes are never taken to the ERA. They’re resolved earlier through negotiation or mediation and those outcomes don't appear in the ERA’s records. And we don’t talk about them either.  

Nearly always, a condition of the Record of Settlement (ROS), agreed through negotiation or at mediation, expressly forbids details of the dispute and its resolution being made public by either party.  There can be penalties for either party if they breach this agreement and share aspects of the case with others.  This is a key reason why these resolutions, even when involving positive outcomes for our clients, are not promoted by Mathews Walker on our website or social media. 

But just because we can’t talk about them, doesn’t mean they don’t exist.  

Mathews Walker employee advocates help guide employees, or speak on their behalf, through negotiation or mediation before a dispute reaches the ERA. They often achieve the same (or greater) remedies than the ERA might determine, in a shorter time, with less process involved.  Approximately two thirds of Mathews Walker settlements are achieved through negotiation and mediation and on average take around three weeks to settle.  Please note cases may take longer (or less time) than that depending on the specific circumstances of each case. 

Choosing negotiation or mediation with support from an employee advocate can have numerous benefits:

Faster, less stressful resolution: Most disputes resolved through negotiation or mediation are settled in a few months - or even weeks - instead of the long delays in ERA processes (which can take years).

Lower cost: Advocates offer a more cost effective alternative to lawyers, particularly in terms of up-front costs, often offering No Win, No Fee arrangements. Mediation is free via MBIE. 

Real outcomes without legal formalities: The result from negotiation or mediation is often practical such as an apology, a financial settlement payment, or agreed changes, and its final. You avoid formal hearings and stress.

Reduces emotional toll: Getting an early resolution can help restore peace at work sooner. Or it allows you to exit and move on without a drawn-out legal fight.

In New Zealand employment law, mediation and negotiation often bring about solutions long before a case reaches the ERA. But official data, and the media, only report outcomes that come from the ERA itself. Many successful resolutions do not appear in ERA numbers.  An employee advocate plays a critical role in helping employees reach these early resolutions. They provide the guidance, support, advice, and presence needed to achieve practical, fair outcomes without needing a formal hearing. Using an advocate often prevents disputes from escalating and delivers real results for the employee.

If you have an employment issue that needs resolving but are put off by a lengthy legal battle, get in touch with an employment advocate for advice on your case and whether early intervention and resolution could work for you.  Contact Mathews Walker for a free consultation today.  Mathewswalker.co.nz | 0800 612 355

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