What is mediation?
Mediation is a process to resolve disputes where people get together with the assistance of a mediator to isolate issues, develop options, consider alternatives and reach an agreement everyone can live with, rather than having a settlement imposed on them by a formal body such as a court. Mediation should not be considered an easy option. You will work hard and you must be willing to compromise.
Mediation can help parties 'get unstuck' from the stalemate of their dispute. It provides an alternative to traditional methods of resolving disputes like going to court. Parties work together to find solutions by looking at their interests, rather than focusing on their 'legal rights'.
Mediation allows people to explain how they see the problem and how they feel about it. Initial discussion at mediated meetings focuses on what people value and need rather than the positions they may hold or what they demand.
By taking a step back from those positions, parties can share and gain an understanding of each other's opinions and the values that underlie their attitude to particular disputes. In this way, disputes can be looked at afresh and the perspective that parties so easily lose in litigation can be regained.
The principles of mediation are closely related to those of manaaki, which recognises the values that all parties bring to the table, and provides for those parties to treat each other and their ideas with respect. As mediation is a face-to-face consensus decision-making approach, it also sits comfortably with Māori decision-making processes.
The stages of mediation
Text description of the stages of mediation diagram
- Agreement of parties to resolve dispute by mediation [start].
- Private session held where:
- Mediator opens meeting and gets agreement on roles and rules.
- Parties say what their needs are.
- Everybody agrees what the issues are.
- Everybody thinks of ways to deal with each issue.
- Each idea is tested to see if it will work.
- If everybody agrees on a solution that satisfies everybody the mediation process stops.
- If agreement is not reached a court hearing is held and the mediation process stops.
Advantages of mediation
- Parties often develop and agree upon creative, constructive, achievable, workable and mutually acceptable solutions.
- Mediation can be much cheaper and far more satisfying than litigation or arbitration. Often mediation eliminates any need for formal court appearances.
- Even if mediation doesn't result in agreement, the process of isolating issues and agreeing undisputed facts can be of assistance if the appeal is required to be heard by the Environment Court.
- Mediated discussions often help to restore happier relationships, as well as resolving the issues at hand.
- Confidence can be gained and good-will developed.
