Section 159 — Employment Relations Act 2000: Duty of Authority to consider mediation

159 Duty of Authority to consider mediation (1) Where any matter comes before the Authority for determination, the Authority— (a) must, whether through a member or through an officer, first consider whether an attempt has been made to resolve the matter by the use of mediation; and (b) must direct that mediation or further mediation, as the case may require, be used before the Authority investigates the matter, unless the Authority considers that the use of mediation or further mediation— (i) will not contribute constructively to resolving the matter; or (ii) will not, in all the circumstances, be in the public interest; or (iii) will undermine the urgent or interim nature of the proceedings; and (c) must, in the course of investigating any matter, consider from time to time, as the Authority thinks fit, whether to direct the parties to use mediation. (2) Where the Authority gives a direction under subsection (1)(b) or subsection (1)(c) , the parties must comply with the direction and attempt in good faith to reach an agreed settlement of their differences, and proceedings in relation to the request before the Authority are suspended until the parties have done so or the Authority otherwise directs (whichever first occurs).