By Tony Johnson - 24 May 2011
The last few years have seen an enormous increase in the number
of civil disputes settled by mediation. Parties see the process as
quick, efficient and relatively cost-friendly.
The principles of mediation are simple.
- The process is voluntary.
- You cannot be forced into reaching an agreement.
- The mediator stresses to both parties the risks and costs of
litigation, and asks them to consider these factors in relation to
the potential benefits of litigation.
- The mediator considers the mediation successful if a settlement
is reached. The mediator does not decide the matter and is not
interested in rights or wrongs.
- For agreement to be reached, inevitably both parties have to
give up something.
Other features include:
- keeping the matter confidential and private
- sharing the mediation cost between both parties
- making settlement full and final - an agreement is written up
and signed by the parties before the mediation ends.
For more information about the mediation process please contact
Tony Johnson, one of our litigation partners, on (09) 379 7333 or
email awj@martellimckegg.co.nz.