Mediation can be flexible and the process, timing, and location can be adapted to meet the needs of all parties. Attention to these details can keep the process on the right track and help ensure an outcome that suits everyone. Good preparation by all parties is vital for effective mediation.
It is important that as a party to an appeal, you attend mediation yourself. After all, you know about your needs, values, and priorities.
You can appoint a representative to attend mediation on your behalf, but they need to have full authority to settle the dispute or issues at stake. You must have at least one representative at mediation who is consistent (you or your appointed representative). In addition, you may bring other representatives including lawyers, other professionals, or friends to support you.
Legal representation
Mediated meetings are informal. If you take a legal advisor to a meeting, they cannot act as your advocate. However, they can still be very helpful. Their role is simply to assist and advise you and, potentially, to draft the terms of any settlement.
Representatives
If you need a representative they should have the authority to make on-the-spot judgements and decisions, and to formulate agreements on behalf of the parties they represent. Any pre-determined limits on authority may deny such people the opportunity to fully explore options for resolution. Senior representatives of corporate parties should be prepared to make a personal commitment to mediation.
Mana whenua
It is for iwi to decide who has mana whenua and the right to attend mediation.
Share your intentions
To prevent surprises or imbalances in representation, make sure you make the other parties aware of who will be attending.
Moral support
Take friends, relatives, or whānau with you if it will make you more comfortable. They can help point out options, and offer support. But remember, people can’t just wander in and out of the mediation.
Tip: Tell the court and the mediator who the members of your group are.
Mediating is often demanding, and the mediator will need to demonstrate a range of skills. All Environment Commissioners have training and experience in mediation.
If a private mediator is preferred, all parties have the right to select one. They should ensure the mediator is:
- a good listener
- confident in dealing with a wide range of people
- independent
- sensitive
- impartial
- trustworthy.
They must be able to:
- command respect
- create a comfortable atmosphere
- deal with tense moments
- focus on what the parties need
- ask the right questions.
Crucially, the mediator should have knowledge of the legal process, environmental legislation, scientific and technical issues, local government and business culture, and Māori protocol.
Iwi may need a mediator who is also:
- bicultural or able to work with kaumatua
- familiar with tangata whenua protocols and Māori frameworks.
See more on...
Getting ready
February 2021
© Ministry for the Environment