Mediation in New Zealand
A faster, cheaper, and more collaborative way to resolve disputes
Quick Answer
Mediation is a voluntary process where a neutral third party helps disputing parties reach agreement. It's typically faster (1-2 days), cheaper ($1,000-$5,000 vs $20,000+ for court), and confidential. Employment and family mediation services are often free through government providers. About 80% of mediations result in settlement.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) where an impartial mediator helps two or more parties communicate, understand each other's perspectives, and work towards a mutually acceptable solution.
Unlike a judge or arbitrator, a mediator doesn't impose a decision. Instead, they facilitate discussion and help parties find their own resolution. This often leads to more creative, practical solutions that work better for everyone involved.
Benefits of Mediation
Faster Resolution
Most mediations complete in 1-2 days vs months/years in court
Lower Cost
Typically 10-20% of the cost of litigation
Confidential
Discussions are private and cannot be used in court
You Control the Outcome
Parties decide the solution, not a judge
Preserve Relationships
Less adversarial than court proceedings
Flexible Solutions
Creative outcomes not available through courts
Types of Mediation in NZ
Family Mediation
Resolving disputes about children, property, or relationship issues
Family Dispute Resolution (FDR) providers
Free government-funded sessions available
Often required before Family Court proceedings
Employment Mediation
Workplace disputes, unfair dismissal, harassment claims
Employment New Zealand mediators
Free service
Offered before Employment Relations Authority
Civil/Commercial Mediation
Contract disputes, business disagreements, debt issues
Private mediators, AMINZ members
$300-$800/hour (split between parties)
Often required by courts before trial
Community Mediation
Neighbour disputes, minor conflicts
Community Law Centres, Dispute Tribunals
Low cost or free
Voluntary
The Mediation Process
1. Agreement to Mediate
Both parties agree to participate in good faith
- ✓ Contact mediator or mediation service
- ✓ Sign agreement to mediate
- ✓ Agree on costs and logistics
- ✓ Set date and location
2. Preparation
Gather information and clarify your goals
- ✓ Identify key issues
- ✓ Gather supporting documents
- ✓ Consider your ideal outcomes
- ✓ Think about what you can compromise on
3. Opening Session
Mediator explains process and parties share perspectives
- ✓ Mediator sets ground rules
- ✓ Each party explains their position
- ✓ Issues are identified and listed
- ✓ Agenda for discussion agreed
4. Negotiation
Guided discussion to find solutions
- ✓ Joint sessions and private caucuses
- ✓ Explore options and interests
- ✓ Reality-test proposals
- ✓ Work towards agreement
5. Agreement
Document any agreements reached
- ✓ Write up terms of agreement
- ✓ Both parties review and sign
- ✓ Agreement may be legally binding
- ✓ Plan for implementation
Mediation vs Court
| Aspect | Mediation | Court |
|---|---|---|
| Time | 1-2 days typically | 6-24+ months |
| Cost | $1,000-$5,000 | $20,000-$100,000+ |
| Control | Parties decide outcome | Judge decides |
| Privacy | Confidential process | Public record |
| Relationship | Often preserved | Usually damaged |
| Flexibility | Creative solutions possible | Limited to legal remedies |
When Mediation May Not Be Appropriate
Mediation may not be suitable in these situations:
Tips for Successful Mediation
Need Help with Dispute Resolution?
A lawyer can advise whether mediation is right for your situation and represent you through the process.