Mediation is a confidential and consensual dispute resolution process in which an independent and impartial mediator facilitates negotiation between the parties to assist them to resolve their dispute. Neither the parties nor the mediator are limited by rules of evidence.
The mediator is not a decision-maker, and the process is based on achieving co-operation between the parties. The mediator assists the parties to make their own decisions and agreements. The mediator's role is to guide the process so that the issues can be defined, the relevant information produced and options explored without undue delay or legalistic procedures.
When a dispute is resolved in mediation, a written agreement which sets out the outcomes of the issues that have been resolved at the mediation is signed by the parties.
Jim Guest and Gerard DeCourcy are both experienced mediators and members of the Arbitrators’ and Mediators’ Institute of New Zealand. Over the years they have mediated a wide variety of disputes including: