Understanding Mediation in Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is a way to solve problems without going to court. One of the most common forms of ADR is mediation. In New Zealand, mediation is a helpful tool for people who have disagreements and want to find a solution that works for everyone.

What is Mediation?

Mediation is a process where a neutral person, called a mediator, helps two or more parties talk about their issues. The mediator does not make decisions for the parties but guides them to find a solution together. This can be a quicker and less expensive way to resolve disputes compared to going to court.

How Does Mediation Work?

In a mediation session, the parties involved sit down with the mediator. For example, if two neighbours are having a disagreement about a fence, they can come to mediation to discuss their views. The mediator will listen to both sides and help them communicate effectively. The goal is to reach an agreement that both parties are happy with.

Benefits of Mediation

• Cost-Effective: Mediation is usually cheaper than going to court.
• Faster Resolution: Mediation can be scheduled quickly, allowing for a faster resolution.
• Confidential: What is discussed in mediation is private, unlike court cases which are public.
• Control: The parties have more control over the outcome, as they work together to find a solution.

When is Mediation Used?

Mediation can be used in many situations, such as:

• Family disputes, like child custody arrangements.
• Workplace conflicts between employees or between employees and employers.
• Neighbour disputes, such as noise complaints or property boundaries.
• Consumer issues, like disagreements over services or products.

Conclusion

Mediation is an important part of the Alternative Dispute Resolution process in New Zealand. It offers a friendly and effective way for people to resolve their disputes without the stress of going to court. If you find yourself in a disagreement, consider mediation as a first step towards finding a solution.