Trained mediators
Mediating is often demanding and the mediator will need to demonstrate a range of skills and attributes. All Environment Court Commissioners are experienced in mediation and have been trained in alternative dispute resolution. If a private mediator is preferred, it is the right of all parties to be involved in selecting a private mediator.
If the parties decide on a private mediator, they should ensure the mediator is:
- a good listener
- confident in dealing with a wide range of people
- independent
- sensitive
- able to command respect
- impartial
- trustworthy
- able to create a comfortable atmosphere
- able to deal with tense moments
- able to focus on what the parties need
- able to ask the right questions.
Crucially, the mediator must have sensitivity to such matters as legal process, environmental legislation, scientific and technical issues, local government and business culture, and Māori protocol. Such sensitivity may be more important than a demonstrated knowledge of these matters.
Iwi may need the mediator to be:
- skilled at encouraging iwi power sharing
- bi-cultual or able to work with kaumatua
- familiar with tāngata whenua protocols, tikanga and Māori structures.
