Mediation

Click here to see a copy of my standard mediation agreement.

I have mediation experience both as counsel and mediator in a large range of disputes which include:

• Civil
• Commercial
• Construction
• Education
• Employment
• Environment
• Estates
• Health
• Insurance
• Local Authority
• Partnerships
• Relationship Property
• Resource Management
• Treaty of Waitangi

Standard Fee Arrangement

If you think you would like too appoint me as mediator please see my standard mediation agreement terms available from the link above. My charge out rate is a flat rate of $5,000 + GST for the day reserved for mediating and includes preparation time, and, if necessary, travel time and cost. Typically, preparation includes the preliminary meeting, discussion with counsel and/or the parties, any reading and, where required, post-mediation follow up of up to two hours. The only additional charges are for venue hire, if that is required, and, at my discretion, copy and print charges over the first 50 pages. There are no extra charges if the mediation runs on into the evening, however, I am generally not prepared to mediate beyond 10:00pm because of concern for the parties and their ability to make good decisions late into the night. My hourly rate, if it ever becomes applicable, is $500 per hour + GST. The hourly rate is only incurred with prior notice to the parties.

If the mediation runs for less than a day, the rate still applies.

Please note, if a second day, or further day(s), is required the daily rate terms again apply. I do sometimes do pro bono work in cases of genuine hardship.

 

What will happen if I am appointed as mediator?

Every mediation is different. That means the parties need are best assessed as early as possible in the process. I seek a preliminary meeting, usually by teleconference and within two working days of my having been appointed. This meeting can establish issues like urgency, the number of counsel and parties involved, where and when the parties envisage the mediation might take place and what assistance if any the parties might need to prepare for the mediation. Prior to the agreed mediation date I generally check in with the parties/counsel usually by phone, or email, to confirm that the parties are on track and to see whether or not they need additional input or assistance in preparing themselves for the mediation.

I will seek to confirm that the parties who are attending will have power to settle, and if not what the limitations might be. I also like to discuss confidentiality to check out party expectations. Finally, I like to confirm with the parties that the mediation agreement can be signed and that there are no outstanding issues.

 

The mediation

Sometimes the mediation results in an outcome within half a day. Much more commonly the mediation occupies much of the day. On occasion the mediation may spill over into another day to deal with some residual issues. This is relatively rare.

It is therefore sensible to plan to keep the full day clear including the evening.

When we begin I will welcome the parties, reconfirm the kind of process that I anticipate we will follow to make sure that the parties are comfortable with that and then invite discussion to explore perceptions about the issues and party concerns. Not all mediations need to be conducted with all parties sitting around the table. Sometimes it is helpful for the parties to meet with me in private sessions. These sessions are confidential. What I am told in these sessions cannot be passed on to the other party unless I have your permission to do so. In private sessions I get a chance to learn about some of the things that really matter for you but which you may be unwilling to share with the other party. This knowledge can help me in guiding the discussion between the parties, typically when we return to a joint session.

 

The Settlement Agreement

You should come to the mediation expecting that agreement will be achieved, no matter how complex, difficult or enduring the dispute may have been. The agreement is reduced to writing, and if lawyers are present it is typically prepared by them in consultation with their clients. The agreement usually records the fact of the dispute, the way in which the parties have agreed to resolve it and the commitments to action which have been agreed.
 

Cancellation

I will have allocated the agreed day or days for the mediation. Where no more than one day is allocated then if the mediation issue is settled up to five working days prior to the fixture then no charge will be made for that allocated day. I may need to charge for preparation time and disbursements where relevant. If the matter settles within five working days of the fixture I reserve the right to charge for the allocated day and of course for any additional preparation time and disbursements incurred. I do not charge if I am able to fill the day.
 

My Terms of Contract

My terms of contract for mediations and arbitrations are as set out on this website. They may only be varied by prior written and signed agreement between me and the parties. By “prior” I mean, prior to my written acceptance of appointment as mediator or arbitrator.
 

Communication

I am happy to receive all documents by email to my address: phillip@pdgreen.com
My receipt of emailed documents can be taken to have been effected by my acknowledging the email on reply.
My courier address is available upon request.
My postal address is PO Box 5048, Wellington 6140.
My mobile number is 021 465 544.
 

The next step – Contact me?

If you would like to discuss the idea of mediating or arbitrating your dispute or would like to discuss my possible appointment you are welcome to contact me.