Fair Way will guide you through the mediation process.
Here’s a quick overview of what you can expect:
1. Get in touch
You can get in touch by phone, email or online:
Alternatively, the Crown may suggest mediation in which case Fair Way will make contact with you directly.
2. Have a chat
Have a chat with one of our Resolution Coordinators who will guide you through the process. You can ask questions and learn more about mediation.
We’ll ask you for your details. After your chat, Fair Way will send you information about:
- Completing an agreement to mediate
- Choosing a mediator.
We’ll let Crown representatives know that you are interested in mediation and check their availability.
Once a mediator has been appointed, they will contact you to understand the matter and discuss the process going forward.
Note: If you have any special requirements (for example if English is your second language, or if you have vision or hearing problems) you should let the Resolution Coordinator know as soon as possible so we can make suitable arrangements.
3. Case conference
A case conference is an opportunity to get things ready for the mediation. This is usually an online meeting where you will join the mediator and representative for the Crown.
You can clarify the matters that you would like to address during the mediation.
The mediator will organise the date, time and venue of the mediation. You can choose to meet online or in person at a suitable location near you.
You can also arrange to have a representative, lawyer, valuer or support person attend the mediation. The mediation process is confidential, so anyone attending a mediation will be asked to sign a confidentiality agreement.
4. Preparation for mediation (optional)
A professional can help you prepare and develop strategies for the mediation. A single Preparation For Mediation session can make a significant difference. It is a safe and confidential experience which is independent of the mediator and other parties involved in your dispute. This service is provided by Fair Way and is free for landowners.
You and the Crown’s representative(s) meet with the mediator to explore resolution options. This is a confidential and voluntary process where the mediator encourages everyone involved to:
- ask questions
- share perspectives
- develop realistic options
- reach agreement together.
During the mediation, the mediator may speak with the parties together or separately. The mediation may last anywhere from a few hours to an entire day.
If you reach an agreement, the mediator will prepare a summary to sign. This agreement is made under section 17 of the Public Works Act 1981 and, as a public record, will not be confidential.
Note: If an agreement on compensation is not reached, you can pursue a claim with the Land Valuation Tribunal.