Mediation is a simple and informal process where parties in conflict work with a mediator, to reach agreement. Mediation can be a quick and cost-effective way to resolve conflicts.
What is mediation?
Mediation is a voluntary process where the parties in conflict are encouraged by the mediator to understand each other’s perspectives, talk through the issues, identify their mutual interests, develop realistic options, and find a solution that the parties can agree to.
Mediators need not be subject matter experts and do not make decisions. Lawyers are not required; however where there is a legal issue it can be helpful for parties to get some legal advice or information before attending mediation.
Sometimes parties might want to have a lawyer or support person to attend the mediation to give them some assistance. What is said and what happens in mediation is confidential as far as the law allows or unless the parties agree otherwise.
Mediation usually happens at a face-to-face meeting between the parties and the mediator, but we can mediate over the telephone, using Skype or by videoconference. Sometimes the mediation may occur over a series of meetings. We can help parties design the style of mediation that is most likely to work for them.
In our experience, approximately 90% of mediations result in the parties reaching some resolution. When agreement is reached the mediator will help the parties develop a written agreement which is signed by them at the meeting.
The formality of the agreement will depend on what the mediation was about and whether or not there are any specific requirements for making it legally enforceable. The mediator will talk with you about this when setting up the mediation with you.
You may choose to have the mediation at any agreed time. Some people use mediation to help make arrangements when there are changes in their lives, for example when a relationship comes to an end. Many business agreements require parties to attend mediation to resolve disputes before making application for arbitration or initiating with proceedings.
Are all mediations the same?
We conduct mediations in whatever way works best for the parties and we help them design the framework and rules to suit the unique circumstances of their dispute.
Mediations can be used to:
- establish relationships between parties wanting to enter into joint ventures
- define problems or disputes
- manage dispute or conflict situations
- change relationships
- negotiate contractual arrangements
- formulate policy
- prevent conflicts
- articulate and deal with different values and positions
- settle disputes
Why use a FairWay mediator?
FairWay is the largest dispute resolution company in New Zealand specialising in mediation services. Its advantages are:
Nationwide coverage — we’ll go to you
Our team is spread across the length and breadth of New Zealand, so we can hold a mediation anywhere that suits you. This helps contain the costs and can speed up the process.
Best commercial practice
You will be dealing with a well-established business with efficient systems and processes. You can rely on best contemporary practice.
All FairWay Resolution's mediators are accredited by a professional dispute resolution body including the Arbitrators and Mediators Institute of New Zealand (“AMINZ”), Resolution Institute or the New Zealand Law Society.
We have mediators who have subject matter expertise for all types of disputes, such as commercial, construction, family, employment, farm debt, finance and real estate. So you can be confident that we will have a mediator who understands your situation.
Flexible to meet your needs
We are not committed to a single, generic way of doing things. We always make sure we understand your goals and tailor a process that will help you get the process best suited to your situation, as quickly as possible.
We understand, and are sensitive to different cultures and abilities so are able to design processes and approaches that are appropriate for the parties.
Efficient and cost effective case management
FairWay has specialist Resolution Co-ordinators who will work with the mediator to manage your case, liaise with you and other parties to arrange the time and place for the mediation, and finalisation of agreements reached. This can help to reduce the overall cost of the mediation.
Rely on best practices to get to a successful outcome
FairWay has a Quality Assurance Programme and all staff and contractors adhere to a Service Charter. We monitor customer feedback and use the information to improve our service. We continue to innovate our practice and invest in our mediator’s professional development so you can be assured that your mediation reflects best practices and methods. FairWay operates a customer complaint service.
You choose who you want to work with
For a mediation to be successful, the parties need have trust and confidence in the mediator and the process. With a number of mediators to choose from, you can decide to work with a mediator who both parties are comfortable to engage with.