Users of mediation
Many mediators believe that the most serious challenge facing commercial mediation is poor public and professional awareness of the mediation process. This is a major obstacle to the potential users of mediation attempting to resolve commercial disputes using the mediation process.
Financial and time constraints are also commonly identified as other challenges in dispute resolution.
This article explores who uses mediation and the benefits of mediation.
Users of mediation
The users are the most important people in mediation, and everything revolves around them. Mediation helps the users to resolve disputes. The mediator’s aim is to empower the users and their representatives’ aim is to advocate for them.
The greatest demand for commercial mediation comes from the building/construction, insurance and property disputes, as well as contract disputes in general.
Benefits of mediation
The parties involved in commercial disputes often choose mediation because of its benefits compared to litigation, including:
- low costs;
- speed and efficiency;
- certainty and control of outcome;
- confidentiality;
- flexibility;
- preservation of relationships;
- ability to get advice about alternatives, risks, and consequences.
Mediation is also generally much cheaper than other third-party alternatives.
The users to mediation may have different priorities depending on the specific area. At Norling Law, we can assist users achieve their priorities throughout the mediation process. We can assist users both as mediators and representatives.
Many parties are happy with using mediation as a dispute resolution process because of its benefits (outlined above). Accordingly, mediation should be included as an advised option for resolving disputes more regularly. All lawyers have a positive obligation under r 13.4 of the Conduct and Client Care Rules to keep the client advised of alternatives to litigation that are reasonably available to enable the client to make informed decisions regarding the resolution of the dispute.
How can you find out more?
At Norling Law, we are passionate about solving commercial disputes and legal issues.
Norling Law offers 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 that 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 Arbitrators and Mediators Institute of New Zealand (AMINZ). Wendy is also an Associate Member of AMINZ. This training complements the skills she already has in negotiation and dispute resolution.
If Wendy’s expertise can be of assistance, the first step is to send us the details of the situation 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.
Wendy has over 20 years’ experience in civil litigation in New Zealand with a main focus on construction, insolvency and debt recovery and security enforcement.
Anna practices in the area of commercial litigation and has appeared as Counsel in the District Court, High Court and the Court of Appeal, having successes in all Courts. Anna has a special interest in corporate, insolvency and relationship property law.