About
I am a barrister and commercial mediator. I specialise in mediating and helping clients resolve commercial, civil and employment disputes.
I trained in commercial mediation with CEDR in London and was accredited in 2009. CEDR accreditation is internationally recognised as the standard of excellence for mediators.
I have been appointed to national mediation panels and have been engaged by a wide variety of clients in a wide variety of disputes.
I can assist with disputes in different practice areas and have successfully conducted many mediations in the UK and New Zealand. I am based in Auckland but can travel.
+ I have been appointed to national mediation panels:
- AMINZ Mediation Panel
- NZDRC Panel of Mediators
- MBIE Weathertight Homes Tribunal Panel of Mediators
- New Zealand Law Society Panel of Mediators
+ My clients include:
- Banks
- Government Departments
- Insurers
- Law Firms / Lawyers
- Manufacturers
- Retailers
- Trusts and Trustees
+ I have wide experience and can help with disputes involving:
- Business
- Civil and Commercial
- Company
- Construction
- Contracts
- Costs
- Debt (including Farm Debt)
- Disciplinary / Performance / Grievance Procedures
- Discrimination
- Dismissals
- Employment
- Finance
- Insurance
- Intellectual property
- Partnership
- Professional Negligence
- Property and Land (including leaky buildings / weathertightness)
- Relationship Property
- Restraint of Trade / Restrictive Covenants
- Harassment
- Shareholder Disputes
- Trusts and Trustees
- Workplace Disputes
Experience
What is Mediation?
Mediation is where an independent third-party neutral assists parties in resolving a dispute, whether before or during litigation. It’s a consensual, voluntary process. The parties themselves are always in control.
Mediation:
brings together opposing parties - and their advisers if applicable - and replaces adversarial confrontation with principled negotiation.
focuses on the future rather than the past; it looks for a solution, rather than attributing blame.
does not interfere with the trial process; mediation should complement the litigation process.
brings control back to the parties: they can decide whether or not to accept the negotiated settlement before them.
lets the parties end their dispute, freeing up time, money, and resources.
Frequently Asked Questions
+ What does a mediator do?
- A mediator manages the exchange of information so settlement decisions can be made on an informed basis. Settlement is often the natural result of informed decision-making.
- He helps the parties analyse their case and identify the issues so they can weigh up their options in a calm, structured way.
- He helps the parties develop and explore alternatives and options for resolution.
- He helps the parties find a resolution they can live with, helping them resolve their dispute and protect relationships.
+ Who uses it?
I’ve successfully mediated disputes:
- where none of the parties are legally represented; or where all parties are represented;
- before legal proceedings have been commenced; or shortly before a trial date;
- between individuals; and between companies;
- between lawyers and law firms;
- between neighbours;
- between employers and employers (either ending a relationship, or when they want to keep working together);
- where the parties are spread geographically, and can’t all attend in person (with some having to attend on the phone);
- where the parties need to resolve an issue but wish (or need!) to keep working together afterwards;
- where there is a room full of disputing parties, all with different needs, priorities, resources, and agendas.
+ Why Mediate?
CEDR says that around 86 per cent of the disputes referred to them settle by way of mediation. My figures are in line with that. It’s one of the fastest, most private, and most cost-effective ways of settling a dispute. And it doesn’t set a precedent for similar disputes in the future.
The process is forward-looking and can maintain business relationships. Workplace mediations can prevent a disagreement escalating into a formal dispute and restore a good working relationship between colleagues.
The shape and terms of a court-ordered outcome is out of parties’ hands and limited in its scope. Whereas a mediated settlement can take into account provisions or terms which a Court would be unable to award. This is particularly valuable in situations where there is a relationship the parties want to continue.
What happens at my mediations?
Although each mediation is different, depending on the particular parties and their needs, the broad structure is generally:
Pre-mediation
Once my appointment is agreed – and I can help encourage people to come to the table - I send an e-mail confirming details and listing preliminary matters to be considered (e.g. an agreed bundle of documents, briefing / position papers, venue, those attending etc). I include my standard mediation agreement to be agreed with any changes required by the parties.
On larger matters, I generally suggest a pre-mediation meeting in the week prior to mediation day. In other matters, I call a few days before the mediation to talk generally about how matters may unfold on the day and what approach is best.
My objective in this initial phase is to help the parties prepare, and for me to learn enough about the case to discuss how the overall mediation should be structured. This optimises the prospects of resolution when everyone comes together.
Mediation Day
The issues dividing the parties can be old, deep, and difficult. I work with the parties, in a safe, informal environment, to explore matters impartially, taking everyone’s objectives into account. Usually that means allowing the parties to communicate directly (but not always).
I respect and protect the positions of all participants. I respect confidentiality. I help parties avoid making decisions without considering important information. I suggest ways in which the gaps can be bridged. I help the parties consider all options fairly and find the best solution; the parties’ role is to make the ultimate decision to settle or not, based on their own interests, needs, values, and advice.
If a resolution is reached – and most of the time it is – I work with the parties to produce a robust, binding legal agreement (or a memorandum of understanding on which one may be based).
Post-mediation
On those rare occasions when the dispute isn’t resolved at mediation, I identify points of agreement and difference as a basis for further negotiation or action. Parties can take comfort from the fact that, even if a dispute doesn’t settle on the day, all involved will have a clear understanding of why, and will have made a clear decision not to settle. That information is hugely valuable; it explains why cases that do not settle on the day often settle shortly afterwards.
What I do
I customise every mediation. I prepare and make sure the mediation meets the needs of the parties and maximizes possibilities for settlement.
Whatever the nature of the dispute, I supply the parties with detailed guidance on how the process will work on the day, what to expect, and how best to prepare.
I focus on facilitating others’ negotiation, not negotiating for others. (I don’t just shuttle offers back and forth: it is sometimes appropriate for the mediator to carry messages back and forth, but rarely.)
I use my enthusiasm, experience, expertise, and patience. I like to think that, if there’s a solution that will work, I do all I can – reasonably – to help the parties find it.
what I don’t do
I don’t roll out the same mediation time after time. Every dispute is different.
I don’t aim for a resolution at all costs: that invites deception and manipulation by a mediator just to get any deal done (just to keep his figures up).
I don’t dictate settlement terms. Instead, I search for a solution that the parties are all satisfied with.
I don’t forget about the parties after a mediation. Part of my role is to find a solution that works.
I’m tenacious - I don’t give up!
Information
Fees
Fees are individually quoted in each case. They reflect the type of dispute and often the value of the dispute.
A full day usually falls within the range of $4,000 - $8,000.
A full day consists of reasonable preparation time, 8 hours of running time on the day of the mediation, and reasonable follow-up time (if necessary).
Additional time on the day of the mediation will be billed to the parties at an hourly rate (generally $400 to $500 per hour).
Expenses are charged on to the parties at cost.
GST is added to my fees.
Venue
If the parties choose to mediate at Shortland Chambers (70 Shortland Street, Auckland), there is no charge for the venue. I’m happy to discuss and advise on alternative venues.
For mediations outside Auckland, the parties or their lawyers will need to arrange the venue.
Mediation agreement
For a fee estimate and a copy of my standard mediation agreement, please contact me.
Resources & Further Reading
I have provided links to mediation articles in the Resources & Further Reading section. The articles can be filtered by category or year or searchable (in the site’s search field).
Note that my summaries only attempt to capture the thrust of the article. And for the most part, the articles are not my content. Please go to the articles for detail. I am very grateful for recommendations / links to other good mediation articles.
23 November 2021
Who Should Attend the Mediation?
Andrew Miller QC and Rebecca Attree, IPOS Mediation, address the question of who should attend the mediation.
21 July 2020
Mediation - reminder to take part or face the consequences
An article from Hill Dickinson provides a reminder of the necessity for parties to engage in ADR and mediation and the costs consequences that will be imposed on those parties that fail to engage.
https://www.hilldickinson.com/insights/articles/mediation-–-reminder-take-part-or-face-consequences
