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."
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.
You
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.
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.
Disputes We Mediate
Commercial Disputes
Business Conflicts
Contract issues, partnership conflicts, supplier and customer disagreements, business separations. When business relationships need to continue, mediation creates space for resolution.
Property Disputes
Real Estate Conflicts
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
Family & Beneficiary
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
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
Best for: Parties in Dispute
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
Best for: Neutral Resolution
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 has been mediating disputes for more than 40 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."
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.
Never been to mediation before? Here's a practical guide to what happens before, during, and after mediation, and how to give yourself the best chance of a good outcome.
How a collaborative mediation approach helped resolve a family property dispute, reduce stress, and rebuild communication so parties could move forward.
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.
Keep control of your outcome
In mediation, you decide the resolution—not a judge.
