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Is mediation right for me?

Consider these benefits and limitations before deciding whether to enter mediation.

Main benefits Main limitations
The process is confidential and avoids undesirable publicity and attention. Sensitive culture and commercial information can be shielded. Sometimes seen to be more time consuming and costly in the short-term.
The atmosphere in meetings is informal and topics for discussion can be as wide as need be. This allows people to get 'things off their chests' and move beyond narrow polarised positions in a face-saving way. It can result in creative and flexible solutions. It is not helpful where the parties view the dispute as a heroic battle, or where the conflict is infected by extreme irrationality.
Mediation can start any time after appeals are lodged. You can wait considerably longer for a Court hearing date. There are no guarantees of avoiding Court action. You many not perceive some interests and values to be negotiable. Some of the issues raised in an appeal may be unsuccessfully addressed at mediation and may need to be revisited in Court hearings.
Helps get negotiations started without the fair of showing weakness. The greatest level of resource investment is 'upfront'. You need time to prepare and go to meetings. You need to be ready and willing to understand the other person's point of view.
Often cheaper than Court appearances. Disputes can be resolved or narrowed sooner. Participation can be reactive if you have not clearly identified your needs, the way the meeting(s) will be run and how best to participate.
Gives you control over resolving your dispute and a sense of 'ownership' in the outcome.  
Meetings can be tailored to suit your needs. If need be, they can reflect tikanga Māori.  

A successful outcome relies on the goodwill of the parties and the skills of the mediator.

Examples where mediation can be successful

Mediation can be successful in a wide range of situations. Some examples of resource management disputes where mediation may be appropriate include:

  • questions over the extent and integrity of consultation by councils with iwi
  • how sites of particular value should be managed in district plans, such as heritage places, waahi tapu and stands of indigenous vegetation
  • the allocation of water rights in catchments with a small or heavily exploited resource
  • the appropriateness of conditions attached to the granting of resource consent
  • the granting of resource consents for infill housing or dwellings close to neighbouring properties in residential areas
  • the granting of resource consents for major projects in rural areas such as landfills, lifestyle block subdivision and sawmills.


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