New Zealand legal system is very much based on English and other British colonies legal system. Case often go hearing and settles in court where final decision will be made. Alternatively, for private disputes in most cases, mediation can help you to clarify issues, resolve conflicts and reach agreement without needing to go to court.
The process of mediation can be summarized into few steps. In the first place, when a dispute happens, it can be taken to mediation under the agreement of two parties or more, benefits of doing this will be covered later on. Once the case is settled, a mediator who has the necessary skills and normally trained to help people with disputes is involved in. the mediator will conduct private lessons and listen to both parties before he makes judgment based on his proficiency in legal area and experience of dealing all kinds of disputes. At this stage, mediation can finished if both parties are agree to compensations or solutions, or if one party or both are not agreed, the case can be settled in court for hearing.
There are a lot of benefits of having a mediator to resolve a case rather than going through court. To begin with, it is much cost saving because court hearing is always involves hiring lawyer, attending hearing and other cost that conducting hearing may charge, whereas mediation is normally a small conference to study the case and give solutions to both parties in a very short time. Secondly, mediation is a very confidential process which all the information that come from both parties will only be used to set solution. It is a safer process to go compare to court hearing which more people can have access to personal information. Last but not least, mediated discussion can normally bring happier relationship to both parties. For example, a dispute between neighbors is far better off to settle in mediation rather than going to court. Because mediation will give fast response at low cost, and most importantly, to minimize the damage on both parties’ relationship.
However, there are also limitations on mediation process which require parties to pay attention. Firstly, it is not helpful It is not helpful in situations where the parties view the dispute as a heroic battle, or have become extremely irrational. This is because it is hard for people to react or think rationally under this circumstance, which mediation may fail. Secondly, it is no guarantee that court hearing can be avoided. For example, if one party has interest which he will never give up to mediation, the dispute will still have to go thought court where final justice decision can be made.
In a word, it always pays to seek some information from people who had experience or consulting local authority for some professional opinion before decide which way to go. Mediation is an efficient process to solve small disputes in a short time with less cost. However, when it comes to big case, court is absolute a necessary place to visit to get righteous judgment.
Reference
Hubbard,J., Thomas, C.& Varnham, S.(2009).Principles of Law for New Zealand Business Students(4th ed.). Auckland:Pearson
Mediation
New Zealand legal system is very much based on English and other British colonies legal system. Case often go hearing and settles in court where final decision will be made. Alternatively, for private disputes in most cases, mediation can help you to clarify issues, resolve conflicts and reach agreement without needing to go to court.
The process of mediation can be summarized into few steps. In the first place, when a dispute happens, it can be taken to mediation under the agreement of two parties or more, benefits of doing this will be covered later on. Once the case is settled, a mediator who has the necessary skills and normally trained to help people with disputes is involved in. the mediator will conduct private lessons and listen to both parties before he makes judgment based on his proficiency in legal area and experience of dealing all kinds of disputes. At this stage, mediation can finished if both parties are agree to compensations or solutions, or if one party or both are not agreed, the case can be settled in court for hearing.
There are a lot of benefits of having a mediator to resolve a case rather than going through court. To begin with, it is much cost saving because court hearing is always involves hiring lawyer, attending hearing and other cost that conducting hearing may charge, whereas mediation is normally a small conference to study the case and give solutions to both parties in a very short time. Secondly, mediation is a very confidential process which all the information that come from both parties will only be used to set solution. It is a safer process to go compare to court hearing which more people can have access to personal information. Last but not least, mediated discussion can normally bring happier relationship to both parties. For example, a dispute between neighbors is far better off to settle in mediation rather than going to court. Because mediation will give fast response at low cost, and most importantly, to minimize the damage on both parties’ relationship.
However, there are also limitations on mediation process which require parties to pay attention. Firstly, it is not helpful It is not helpful in situations where the parties view the dispute as a heroic battle, or have become extremely irrational. This is because it is hard for people to react or think rationally under this circumstance, which mediation may fail. Secondly, it is no guarantee that court hearing can be avoided. For example, if one party has interest which he will never give up to mediation, the dispute will still have to go thought court where final justice decision can be made.
In a word, it always pays to seek some information from people who had experience or consulting local authority for some professional opinion before decide which way to go. Mediation is an efficient process to solve small disputes in a short time with less cost. However, when it comes to big case, court is absolute a necessary place to visit to get righteous judgment.
Reference
Hubbard,J., Thomas, C.& Varnham, S.(2009).Principles of Law for New Zealand Business Students(4th ed.). Auckland:Pearson