This article discusses the process variations and styles of mediation from Dr Grant Morris and Annabel Shaw’s commentary (A to Z of New Zealand Law — Alternative Dispute Resolution — Mediation (online ed, Thomson Reuters)).
There are several variations to the classic model of mediation. The classic model is discussed in our previous issue ‘The process of mediation’. These include co-mediation, telephone mediation, multiparty mediation, shuttle mediation and online mediation.
There are a couple of main mediation styles, and each have different objectives. The mediator in a process-oriented mediation facilitates the process and the parties have the responsibility to resolve the dispute. These include facilitative, settlement, transformative and narrative mediation. In a substance-oriented mediation, an expert mediator in the subject matter will recommend how the dispute can be resolved.
The best style will depend on numerous factors such as the situation, relevant parties involved, the issue that is in dispute and the type of mediator. Facilitative mediation will be best if the dispute involves multiple complex issues. Settlement mediation can be used to help parties reach an outcome. Evaluative mediation can help parties resolve negotiation impasses, reach a settlement, and receive comments from an expert mediator in the subject matter. Transformative and narrative mediations are great options if parties wish to improve relationships.
It is important that parties are informed about the mediation process regardless of which style of mediation is used.
At Norling Law, we are passionate about solving commercial disputes and legal issues.
We offer professional, independent, and impartial mediation services to users in a dispute. Norling Law supports mediation as an efficient way of solving legal issues. Especially if the parties to the dispute want a negotiated outcome that remains private and confidential and puts a prompt end to the costs of having the dispute ongoing.
As mediators and representatives, we assist the users to a mediation achieve their priorities throughout the mediation process and enable them to make informed decisions regarding the resolution of the disputes they are involved in.
Our mediator, Wendy Alexander, regularly assists with the facilitation of settlements through mediation.
At Norling Law, we receive a large number of commercial disputes. Commercial disputes can be extremely stressful and can often be suitable for mediation. The parties may have been negotiating directly to reach a solution that would meet the interests of both parties. However, the parties often find it difficult to reach agreement.
Using mediation is an option that could potentially resolve commercial problems quickly and efficiently. Mediation is a low-cost option to consider before deciding on whether to litigate. Traditional mediation is usually a more expensive process as it involves the users meeting physically and there are resulting costs involved with travel and booking a neutral meeting room (or rooms). Sometimes traditional mediation might not be available at all for urgent matters.
Wendy can effectively assist users of mediation with her extensive experience as a commercial mediator. Wendy completed training at Program on Negotiation at Harvard Law School, USA and the AMINZ. Wendy is also an Associate Member of AMINZ. This training complements the skills she already has in negotiation and dispute resolution.
Wendy often receives feedback from the mediation parties that they felt relaxed and in safe hands with the management of the dispute and that Wendy truly understood where they were coming from.
If Wendy’s expertise can be of assistance, the first step is to send us the details of your dispute here.
Brent is the Director of Norling Law. He has a wealth of experience in the District Court, High Court, Court of Appeal and Supreme Court. Brent is passionate about negotiating favourable outcomes for his clients and able to implement this in his daily negotiations.
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