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Acknowledgement
The Department of Labour thanks the authors for their contributions and acknowledges that these articles have originally been published in the conference proceedings of the Australian National Mediation Conference in Perth (2008), the Alternative Dispute Resolution in Employment Conference at the University of Greenwich in the United Kingdom (2008) and the NZ Law Society’s Employment Law Conference in Auckland (2008).
In addition, the Department of Labour would like to acknowledge the editors Craig Smith, Chief Advisor Workplace Relationships and Peter Franks, Mediator, Workplace Services.
Disclaimer: The views contained in these pages are those of the contributors and do not necessary represent the view of the Department of Labour. The Department of Labour has made every effort to ensure that the information contained in this publication is reliable, but makes no guarantee of its accuracy or completeness and does not accept any liability for any errors. The Department may change the contents of this publication at any time without notice.
ISBN: 978-0-478-33374-9
© Crown copyright 2009
June 2009
This material is Crown copyright unless otherwise stated and may be reproduced free of charge without requiring specific permission. This is subject to it being reproduced accurately and not being used in a derogatory manner or in a misleading context. The source and copyright status should be acknowledged. The permission to reproduce Crown copyright protected material does not extend to any material in this publication that is identified as being the copyright of a third party.
Foreword
The Department of Labour is pleased to publish this collection of papers to celebrate one hundred years of employment mediation in New Zealand.
In 1909 three conciliation commissioners were appointed by the government. They were the first independent, government-funded officials to be given the task of helping to resolve employment disputes. Their appointment came at a time when employment relations in New Zealand were in crisis. A central issue was the inability of the Arbitration Court to cope with an increasing workload. Unions and employers were frustrated and had lost confidence in the Industrial Conciliation and Arbitration Act.
For the first, but not the last time in NZ’s industrial relations history, the government recognised that part of the answer was a more effective form of dispute resolution. When the conciliation commissioners took office, their focus was mainly on collective bargaining disputes between employers and unions. Today the Department of Labour’s mediators continue to help parties with these disputes although most of their work is with individual employers and employees.
In 2008 Department of Labour mediators were invited to present papers at the Australian National Mediation Conference in Perth, the ADR in Employment conference at the University of Greenwich in the United Kingdom and the NZ Law Society’s Employment Law Conference in Auckland. Their papers have been revised and edited for this publication.
The papers present a rich diversity of themes and perspectives on employment mediation. In the first paper Alison Cotter draws on a case study to illustrate the benefits of a narrative approach. Judy Dell and Peter Franks discuss the historical background and mediators’ interventions in collective bargaining. Mike Feely provides practical hints on good practice for representatives taking part in mediations. Walter Grills uses a case study to explain how mistakes in fact and perception can sour collective negotiations.
David Hurley explores the opportunities available in mediation and how parties can take advantage of them. Leah McLay asks whether mediation is appropriate in cases of workplace bullying and considers the strategies mediators might use. Cara Takitimu and Susan Freeman-Greene explain the groundbreaking initiative between the Department of Labour and Human Rights Commission that has allowed them to co-mediate.
This collection of papers highlights the strength, diversity and creativity of contemporary mediation practice in New Zealand and demonstrates that 100 years of tradition has not diminished the vibrancy and utility of mediation as an approach to employment dispute resolution.
Craig Armitage
Deputy Secretary Workplace
Department of Labour
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