Section 147 — Employment Relations Act 2000: Procedure in relation to mediation services

147 Procedure in relation to mediation services (1) Where mediation services are provided, the person who provides the services decides what services are appropriate to the particular case. (2) That person, in providing those services,— (a) may, having regard to the object of this Act and the needs of the parties, follow such procedures, whether structured or unstructured, or do such things as he or she considers appropriate to resolve the problem or dispute promptly and effectively; and (ab) may offer mediation services on the basis that, prior to the commencement of a mediation, the parties have agreed— (i) that the services will be limited to a specified time; and (ii) if the problem is not resolved within the specified time, the parties will resolve the problem by using the process in section 150 (with any necessary modifications); and (b) may receive any information, statement, admission, document, or other material, in any way that he or she thinks fit, whether or not it would be admissible in judicial proceedings. (3) To avoid doubt, the person who provides the services also decides the procedures that will be followed, which may include— (a) addressing any party to the matter without any representative of that party being present: (b) expressing to any party his or her views on the substance of 1 or more of the issues between the parties— (i) with or without any representative of the party being present: (ii) with or without any other party or parties to the matter being present: (c) expressing to any party his or her views on the process the party is following or the position the party has adopted about the employment relationship problem— (i) with or without any representative of the party being present: (ii) with or without any other party or parties to the matter being present. Subsection (2)(ab) was inserted, as from 1 December 2004, by section 50(1) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (3) was inserted, as from 1 December 2004, by section 50(2) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.