Mediation

What is mediation?

Mediation is a collaborative way for people to resolve disputes. It involves the parties meeting together with a mediator to talk through their dispute and points of view. The mediator facilitates the conversation to help the parties reach an agreement that is acceptable to them both.

This can often be achieved in one session of mediation, but sometimes additional time is required depending on the complexity of the situation. The parties can choose whether their lawyers attend the mediation with them. Once an agreement has been reached, the mediator will prepare a written agreement which both parties sign.

If the parties want their agreement to be legally binding, they will each need to receive independent legal advice and have their lawyers witness them signing the agreement.

Benefits of mediation

• Lower cost – if you choose to settle a dispute by going to Court, the legal costs can quickly add up. Mediation is a much more cost-effective way of achieving a resolution.
• Control over the outcome – in a mediation, you are involved in negotiating your agreement. If your case is decided by a Judge, their decision is final.
• A quicker resolution – if your case goes to Court, it is unlikely it will be heard within a year. With mediation, if both parties are committed to the process, you could have an agreement in place within a couple of months.
• Preserving relationships – the most important benefit of mediation where family disputes are concerned, is that it helps to preserve the relationship between the parties. Mediation is a process where people work towards an agreement together, rather than being on “opposing sides”. This is particularly important if the parties will have an ongoing relationship or contact with one another.

Jeremy’s expertise

Jeremy conducts mediations in relationship property, including where there are significant assets such as trusts, businesses and multi-property portfolios. He also mediates in situations regarding the management of trusts, care of children and disputes over Wills.

Fees

Fees are charged as follows:

These rates include Jeremy’s preparation for the mediation, such as reading documentation about the matters to be resolved. They also include time for a preliminary conference between the parties (prior to the mediation), which may be required for the parties to exchange information, identify the issues, and cover anything else that needs to be discussed prior to the mediation.

Jeremy is based in Auckland but can travel around New Zealand or conduct the mediation on Zoom. He does not charge for travel time or costs.

Contact

For further information on mediation, please email Jeremy at js@bastionchambers.co.nz