Grant Brittain QC
Mediation provides a confidential process for the parties to a dispute to identify the issues and explore options for settlement, in an endeavour to reach a settlement based on the parties own decision making.
For a comprehensive description of the process, see the AMINZ (Arbitrators and Mediators Institute of New Zealand Inc) Guide to Mediation (PDF)
My appointments as mediator have included multi-party leaky building disputes and company shareholder disputes.
In most mediations that I am involved in, the parties choose mediation, and enter into a written mediation agreement. My standard form mediation agreement is written in plain English.
Confidentiality is one of the cornerstones of mediation, and the parties confidentiality obligations are confirmed in the mediation agreement.
View Mediation Agreement (PDF).
In addition to the terms of the mediation agreement, my engagement as mediator is confirmed by the parties accepting my written Terms of Engagement (PDF). This includes my usual charges. I can provide rooms in Tauranga, and I will travel to other venues.
Non parties attending mediation, including lawyers, are required to sign a short form confidentiality undertaking. View Confidentiality Agreement (PDF).
For further comment on confidentiality, including the exceptions download Confidentiality and Without Prejudice (PDF).
There are different models of mediation, the most common ones being transformative, facilitative, evaluative and settlement. For an explanation see Models of Mediation (PDF).