Confidentiality in Mediation: A Review of New Zealand Case Law

Authors

  • Michael F. Keith School of Business

DOI:

https://doi.org/10.26686/lew.v0i0.1983

Abstract

The Employment Relations Act 2000 has as a core value the settling of employment relationship problems at the lowest level practicable. Mediation plays a prominent part in this process. A key issue in the mediation process is the application of confidentiality. Through review of significant cases determined by the Employment Relations Authority, Employment Court and the Court of Appeal, this paper examines the development and application of confidentiality within the mediation process in New Zealand. The Paper finds that while the law is well developed ethical and public interest issues remain. Further judicial and parliamentary consideration is called for.

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Author Biography

Michael F. Keith, School of Business

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Published

2013-01-01

Issue

2013: Labour, Employment and Work in New Zealand

Section

Articles

License

Copyright belongs to the editor and contributors.

This book is copyright. Apart from any fair dealing for the purpose of private study, research as permitted under the Copyright Act 1994, no part may be reproduced by any process without the permission of either the Victoria University Industrial Relations Centre or the School of Geography, Environment and Earth Sciences.