ABOUT MEDIATION

Mediation is a process, where you as parties, your lawyers, and myself as a mediator hired to assist, work together to resolve the issues. This is constructive and valuable, where negotiation is not working, and the parties want to avoid the costs (emotional and financial) involved with Court.

Mediations can take a part or a whole day, or can be completed in stages, depending on the dispute.

They are speedy, in that it is much quicker to book a mediator’s time, than to be scheduled for a Court hearing. Courts have limited ‘Judge-time’ and Court rooms, so that time is harder to get.

As your mediator, I am neutral and independent, I don’t take sides. I am there to assist you to reach a decision, which will involve compromise.

Pre-mediation – as your mediator, I will meet / speak with you prior to mediation. With FDR, I will assess if your dispute is suitable to mediate, as required by statute.

Respect is important in mediations. I run strict “good behaviour rules”, and abuse is not permitted.

Mediators will not impose a decision on you. The decision is determined by you.

As your mediator, my concern is solely with the mediation process. I will not give you professional or legal advice, and will not be further involved in any matter subject of the mediation, once it is concluded.

Mediation is a private process, being completely privileged. This means “what’s said in mediation, stays in mediation”. Neither you nor your lawyers can use it in any other forum. That confidentially helps generate creative and honest settlement options. 

Mediations can occur at any stage of dispute, even after matters have gone to court. Mediation is a process which is kinder than Court, in that the parties are the focus. 

Lawyers are there as support persons – to ensure that their clients legal rights and entitlements are preserved as part of the process.  The parties do the talking. 

In some circumstances, mediation can be “transformative”. Not only is the dispute ended, but relationships between warring parties can improve dramatically, due to the humane focus of the process.

If a decision is reached, an Agreement or Contract will be signed by the parties and your lawyers, recording the outcome. The Agreement can be made into an Order.

Mediations are flexible, and can change according to the circumstances. However in general, the mediator assists the parties to explore options for resolution of the dispute by helping the parties to:

  • Child disputes;
  • Guardianship disagreements;
  • Relationship or other Property;
  • Spousal Maintenance & Child Support;
  • Disputes on the incapacity of a loved one (associated with an Enduring Powers of Attorney. Mental Health Act or PPPR Act Orders or other incapacity/disability issues)
  • Disputes on the Death of a loved one (Family Protection Act/Testamentary Promises Issues etc).

For Private Mediations, I offer specialised family mediation services, including:

  • Child disputes;
  • Guardianship disagreements;
  • Relationship or other Property;
  • Spousal Maintenance & Child Support;
  • Disputes on the incapacity of a loved one (associated with an Enduring Powers of Attorney. Mental Health Act or PPPR Act Orders or other incapacity/disability issues)
  • Disputes on the Death of a loved one (Family Protection Act/Testamentary Promises Issues etc).

 

Auckland Private Mediation is offered in my purpose built mediation suite in Commerce Street, Auckland, its facilities accommodate resolution. They include a large central mediation room, private break out rooms, kitchenette, and secretarial services.

All are a minutes away from the central transport hub of Britomart, and car parking facilities. Inquiries about out of Auckland mediation's are welcome.