Employment Relations Mediator - Anna Wai
Employment Relations Mediator - Anna Wai
I distinctly remember situations where my passion for people became evident in prior Employment Relations roles I held in the 90s and early 2000s. These roles were primarily in human resource management and employment relations consultancy. A love for the human spirit no matter what their backstory was led me to a discipline where I could help both workers and bosses, particularly around working relationships.
As a Human Resources Manager, I experienced dispute resolution med/arb pre-2000 under the Employment Contracts Act 1991, then latterly mediation provided by the Department of Labour under the Employment Relations Act 2000. During my time as an employment relations consultant, I attended employment mediations as a representative on a very regular basis.
The idea of working with both parties as an impartial independent party appealed to me and that was something I wanted to be part of, and secretly wished I had the opportunity to mediate, just to see what it was like. I fell in love with the idea that if parties were able to hear each other’s perspective, uncover what was important then they could be empowered to make their own agreements in order to resolve a problem. It was at this time I became curious about the role of mediator and the process and styles of mediator intervention whilst working in the employment jurisdiction.
I can confidently say I am now working in my niche in work as a mediator.
In my current role as Senior Mediator within the Employment Mediation Service (EMS) of the Ministry of Business, Innovation and Employment, my primary role is to assist parties resolve their employment relationship problems. I am also involved in mediation practice and project work. The Service receives around 10,000 requests each year for mediation to assist resolving personal grievances (ie. claims for unjustified dismissal/action), troubled ongoing employment relationships, collective bargaining negotiations and industrial action. Of this number about 5000 are actually set down for mediation.
The national lockdown last year brought some logistical challenges for the Service where prior, the majority of mediations had been conducted in-person. We had to quickly provide viable alternatives utilising a phone based mediation service initally which was then followed by the option of video conferencing. Our mediators had to quickly adapt, both physically and mentally to a different way of working and, like many others, from home.
Since last year, the Service has had to adapt and change to an alert level environment, and although this was not an easy process our mediators were able to continue mediating without a break in service. Out of this experience, a new Early Resolution Service has been developed, initially working with Covid-related disputes. The Early Resolution Service is further evolving and will focus on supporting the de-escalation and prevention of disputes prior to engaging more formal mediation options.
In the current environment, parties who request mediation assistance are able to attend in-person at an EMS appointed mediation facility around New Zealand, and where more practical or where it may assist the parties better, videoconference or teleconference are other options. With the options offered through use of technology, I am now able to conduct mediations across New Zealand, as well as in my local community in the Manawatu.
A statutory appointed mediator like myself has a lot of scope to tailor the mediation process to the matter at hand, which may involve factors such as people dynamics, health and safety, location, subject complexity. Because each mediation is unique, different mediation styles may be adopted such as evaluative, facilitative, transformative and narrative, and often I will use a combination of these within one mediation. One of the most satisfying aspects of my role, is to conduct a good process for the parties, and allow parties the opportunity to explore the issues thoroughly with the ability to express themselves fully from their perspectives, then look to options for resolution of the problem. It is particularly rewarding to mediate with parties in an ongoing employment relationship so they can successfully improve things for themselves in the workplace.
However not all relationships can be repaired which often means one party ends up leaving the employment relationship. Also, if the parties are unable reach a resolution at mediation, there is the option of proceeding to the Employment Relations Authority for a determination. The role of the employment mediator requires a good understanding of employment law and mediator qualities which include patience, tact, perseverance, personal resilience and credibility.
People often comment that they would not want my job because it involves conflict and sometimes seeing people at their worst, but I see it as a gift that I have never grown tired of. I have been mediating for 16 years and continue to be passionate about mediating and helping the people who make up New Zealand’s workforce. It is very rewarding to watch people work through their sometimes strong emotions to find a point of peace when the matter has been resolved.
What is the most important thing in the world? According to the Maori proverb the answer is: He Tangata, He Tangata, He Tangata. It is the people, the people, the people.
