| Main benefits | Main limitations |
|---|---|
| The process is confidential and avoids undesirable publicity and attention. It can shield sensitive cultural and commercial information. | Sometimes seen as an additional time burden, and costly in the short term. |
| The atmosphere in meetings is informal and topics for discussion can be as wide as necessary. This allows people to ‘get things off their chest’. The result can be creative and flexible solutions. | It is not helpful if the parties view the dispute as a battle, or have become extremely irrational. |
| Mediation can start any time after an appeal is lodged. You can wait considerably longer for a court hearing date. |
There are no guarantees that you will avoid court action. You may consider some of your interests and values non-negotiable. Mediation may not resolve some issues raised in an appeal – they may need to go to a court hearing. |
| It can help to get negotiations started. |
You are investing resources upfront. You need:
|
| Mediation is often cheaper than court appearances. Disputes can be resolved or narrowed sooner. | Participation can be reactive if you do not clearly identify your needs, the way the meetings will be run, and how best to participate. |
| Gives you control over resolving your dispute and a sense of ‘ownership’ in the outcome. | |
| You can tailor meetings to suit your needs and to reflect tikanga Māori. |
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Benefits and limitations of mediation
February 2021
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