Should I agree to mediation?
Think it through
Bear in mind that if the Registrar has written to you regarding mediation, then the Environment Judge thinks that mediation is suitable for your case. It is up to you to decide whether mediation is right for you. Talk is not always productive. You may need to ask yourself the following questions:
- Do you have an important relationship that you wish to protect or improve (ie, with a neighbour)?
- Do you know what the real issues and interests are?
- Do you have enough knowledge to have some influence over the outcome of mediation?
- Do you think enough goodwill exists to try and reach an understanding? You must not see mediation as a means to delay or obstruct, to attract support or membership, to secure leadership, or to establish a 'principle'.
- Do you have the emotional resources to participate in activities such as airing differences, active listening and problem solving?
- Do you think the issues are tangible enough for practical solutions to be found?
- Would a compromise solution be acceptable to you?
- Is a safe and confidential environment needed to explain your values (and kaupapa Māori)?
- Do you want to avoid adverse publicity or attention?
- Would you gain or loose anything by entering into mediation, such as the sharing or sensitive commercial or cultural information (within the confines of a mediated meeting)?
- Is the timing appropriate? There must be enough time for meetings and follow-up action such as the preparation of consent orders. Your willingness or that of other parties to attempt
- Will litigation serve your real needs and interests? How?
