Getting ready
Mediation can be flexible and the process, timing and location can be adapted to meet the needs of all parties. Attention to such details can keep the process on the right track and help ensure an outcome that suits everyone. Good preparation by all parties is vital for effective mediation.
Who should represent you?
It is most important that as a party to an appeal you attend mediation yourself. You must make sure you have at least one consistent representative throughout the mediation process (this may be yourself). Only you can discuss your needs, values and priorities and reach agreements. Think carefully about representation at meetings. Where you appoint a representative to attend mediation, ensure they have full authority to settle the dispute or issues at stake.
Moral support
Take friends, relatives or whānau with you if it will make you more comfortable. They can help to point out options and generally offer moral support. But remember, people can't just wander in and out of the mediation.
TIP: Tell the mediator who the members of your group are.
Legal representation
Mediated meetings are informal. Legal advisors are not present as advocates, although they can be very useful in assisting in the process. Their role is simply to assist and advise you and, potentially, to draft the terms of any settlement reached.
Reporting back
If you are represented by lawyers, consultants, kaumatua or some other person, make sure they report back to you and get your agreement before proceeding to the next stage.
Status of representatives
If you need a representative (eg, the size of the party may be too large), they should have the authority to make on-the-spot judgements and decisions and formulate agreements on behalf of the parties they represent, unless this is inappropriate (see above). Any pre-determined limits on authority may deny such people the opportunity to fully explore options for resolution. Senior representatives of corporate parties should be prepared to make a personal commitment to mediation.
Mana whenua
It is for iwi to establish who has mana whenua and the right to attend mediation.
Sharing your intentions
Make sure you make the other parties aware of who will be attending to prevent surprises or imbalances in representation.
