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When mediation works better than litigation
Resolve in days, not years. Preserve relationships that litigation destroys. Control your outcome instead of leaving it to a judge.
Disputes drain your time, money, and energy.
Court proceedings can take months or years. The outcome is uncertain, and the process often damages relationships beyond repair. Mediation offers a different path.
"Mediation works because parties own their solution. Rather than having a judge impose an outcome, the people involved reach an agreement they can live with."
Speed
Most mediations resolve in one or two days. Court proceedings take months or years. A commercial dispute that could consume your business for a year could be resolved next week.
Control
You decide the outcome, not a judge. No one can impose a solution on you. In mediation, you negotiate until you reach an agreement that works for your situation.
Confidentiality
Private process with nothing on public record. What happens in mediation stays in mediation. Court cases are public. Mediation protects your reputation and business affairs.
Relationships
Preserve business and family relationships that litigation would likely destroy. When you need to continue working together, mediation creates space for that.
Mediation vs Litigation
The differences are stark. When you have a choice, the path you take matters.
Litigation
- Months to years of waiting
- Judge decides your outcome
- Public record forever
- Relationship destroyed
- Limited to legal remedies
- Winner/loser dynamic
Mediation
- Resolution in 1-2 days
- You control the outcome
- Completely confidential
- Relationship preserved
- Creative solutions possible
- Both parties can win
"Without Prejudice" Protection
Nothing said in mediation can be used against you if the matter proceeds to court. You can explore options freely without fear of prejudicing your position.
How mediation works.
The Mediator's Role
Neutral Facilitator
The mediator does not make decisions or determine who is right. They facilitate discussion, help identify interests, and guide parties toward resolution.
Joint Sessions
Together
All parties meet together to present their perspectives and understand each other's positions. Open discussion in a structured environment.
Private Caucuses
Confidential
The mediator meets separately with each side. Private space to consider options, test proposals, and explore settlement ranges.
Reality Testing
Honest Assessment
The mediator helps parties see their situation clearly. What are the risks of court? What are the true costs of continuing the dispute?
Finding Common Ground
Interests Over Positions
Moving beyond what each party says they want to understand what they actually need. Creative solutions emerge from shared interests.
Settlement Agreement
Legally Binding
When parties reach agreement, it is documented in a legally binding contract. The dispute is resolved. Everyone can move forward.
Commercial Disputes
Contract issues, partnership conflicts, supplier and customer disagreements, business separations. When business relationships need to continue, mediation creates space for resolution.
Property Disputes
Boundary disputes, lease disagreements, development conflicts, post-cyclone insurance and rebuild issues. Property disputes often involve neighbours who must continue living side by side.
Trust Disputes
Trustee decisions, beneficiary conflicts, distribution disagreements. The Trusts Act 2019 expressly supports mediation for these matters. Courts can order parties to attempt mediation first.
Relationship Property
Asset division disputes, contracting-out agreement disagreements. When relationships end, mediation provides a path to fair resolution without the trauma of court proceedings.
How we can help
We offer two distinct mediation services depending on your needs.
We Represent You
When you are a party to a dispute, we prepare you thoroughly and advocate effectively. We assess your position, present your case, advise during caucuses, and ensure any agreement protects your interests.
- The other party has a lawyer
- Significant money at stake
- Complex legal issues
We Act as Mediator
We serve as the neutral facilitator. We have no stake in the outcome. We focus on interests rather than positions, reality-test proposals, and help find creative solutions courts cannot order.
- Both parties want resolution
- Relationship needs to continue
- Privacy matters
Hawke's Bay's dedicated mediation service
We understand Hawke's Bay business and farming communities. Long-standing relationships matter here. Burning bridges through litigation has consequences that extend beyond the immediate dispute.
Your Mediator
30+ years of mediation experience across commercial, property, and trust disputes.
Erick Smith
Consultant
Erick has been mediating disputes for more than 30 years, including international commercial matters in engineering and oil pipeline sectors for major global companies.
- International arbitration experience with global mining companies
- Settled one of the largest software licensing disputes in South Africa
- Received the highest 'Amakwezi' award for resolving a major damages claim
"Mediation works because parties own their solution. Rather than having a judge impose an outcome, the people involved reach an agreement they can live with."
Erick Smith
Preparing for Mediation
Preparation significantly affects outcomes. Here's what to consider.
What to Bring
- - Relevant contracts
- - Key correspondence
- - Supporting evidence
- - Timeline of events
Who Should Attend
- - The decision-maker
- - Your lawyer (if represented)
- - Anyone essential to resolution
Authority to Settle
The person attending must have full authority to agree to a settlement. Mediation stalls when someone says "I need to check with head office" at a critical moment.
Timeline
- - Booking: 2-4 weeks ahead
- - Session: usually one day
- - Settlement: often same day
What Our Clients Say
"Prompt, friendly & efficient service"
"Paul was a real pleasure to deal with & exceeded our expectations."
"Paul, I have always been happy with your work, the thought you put into it, and scenarios you think of and try to mitigate."
To ensure candour, all feedback was collected anonymously.
Related Reading
When Mediation Makes Sense for Business Disputes
Not every business dispute needs court. Learn when mediation offers a smarter path to resolution, and how to maximise your chances of success.
What is Mediation and How Does It Work?
Mediation is a structured negotiation with a neutral third party. Learn how the process works, what the mediator does, and when mediation makes sense.
Resolving Trust Disputes Without Court
Trust disputes often involve family relationships that litigation would destroy. Learn how mediation can resolve trustee and beneficiary conflicts while preserving what matters.
Common Questions
Family conflict during succession planning is common, but it can be managed with the right approach. Clear communication, transparent processes, and fair (not equal) treatment help.
We encourage families to discuss succession openly. Sometimes having a neutral professional present makes these conversations easier. Our mediation services can help if needed.
The mediator is a neutral facilitator who helps parties communicate and find common ground. Unlike a judge or arbitrator, the mediator does not make decisions or determine who is right. Instead, they guide the conversation, identify interests, and help both sides explore solutions.
The mediation process itself is not binding. However, the settlement agreement signed at the end is a legally enforceable contract. This means you maintain control throughout the process, and only commit when you reach an agreement that works for you.
Mediation requires willingness from both parties. However, many initially reluctant parties find the process beneficial once they understand they maintain control over the outcome. A skilled mediator can often help hesitant parties see the value in participating.
If the other party refuses entirely, you retain all your legal options.
Most mediations are resolved in one or two days. This compares to months or years for court proceedings. Even complex commercial disputes can often be resolved within a few sessions spread over a short period.
Yes. Mediation is conducted "without prejudice," meaning nothing said during mediation can be used in court if the process does not succeed. The process and outcome remain private. There are no public court records.
Commercial, property, trust, and relationship property disputes are well-suited to mediation. It works best when parties want to resolve issues efficiently and potentially maintain a relationship.
In Hawke's Bay, we particularly see value in mediating post-cyclone disputes, wine industry commercial matters, and farming succession conflicts.
It is not legally required, but having legal representation often helps. Your lawyer can advise on your position, assist with negotiation strategy, and ensure any settlement agreement protects your interests.
We can act as your representative in mediation, or provide mediation services as the neutral mediator.
If agreement is not reached, parties retain all their legal rights. Nothing discussed in mediation can be used against them in subsequent court proceedings. Often, even unsuccessful mediation helps narrow the issues and can lead to settlement before trial.
Related Guides
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