Questions About Mediation
When dealing with conflict, people often have questions about mediation and how the process works before deciding whether it’s the right step.
Here are some of the questions people commonly ask.
Freeman Mediation
How Does Mediation Work?
Mediation is an efficient and constructive process that helps people communicate, problem-solve, negotiate and resolve disputes.
My role is to help parties re-engage with each other and work constructively on the shared problem, developing practical solutions so that everyone can move forward.
The way the process works can vary depending on the situation, the nature of the dispute and the parties involved.
In general, a mediation process will move through the following steps:
1. Preparation pre-mediation / preliminary conference
The mediator meets parties 1-1 to clarify needs and goals, and agree process including: information needs and exchange, venue, timelines, participants etc (and preliminary conference with legal advisors as appropriate).
2. At mediation – opening
The mediator introduces the session, process and ground rules. Each party summarises their perspective on the issues in dispute. Mediator facilitates Agenda as agreed.
3. Issue exploration / uncovering interests.
The mediator asks questions and encourages discussion to clarify facts, issues, and explore underlying interests and needs of all parties.
4. Private sessions
The mediator meets with parties 1-1 to support them in the negotiation, explore options, reality check, and help break impasse.
5. Negotiation / Problem-solving
The parties work toward possible solutions. The mediator facilitates option generation and negotiation and any compromise or trade-offs.
6. Agreement / Settlement
Agreed terms are recorded into a written agreement or settlement (liaising with legal advisors to finalise as appropriate).
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What should You Look for in a Mediator?
Most people want reassurance that the mediator they choose is the right person for their dispute. Someone who is efficient, empathetic, professional, impartial, qualified and a good fit for their situation.
Choosing a mediator is as much about trust and fit, as it is about qualifications.
When Do People Require Mediation Services?
I support individuals, families, professionals and organisations who are navigating difficult conversations or disputes and want a practical way forward.
Clients often include:
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Businesses and professionals working through commercial disputes.
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Separating couples and families addressing relationship property or parenting arrangements.
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Employers and employees resolving workplace issues.
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Farming families and rural businesses navigating succession or business pressures.
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Caregivers and whānau participating in Family Dispute Resolution (FDR).
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Parties involved in rural or financial disputes, including farm debt mediation.
A successful mediation outcome results in agreements that are robust, sustainable and supported by genuine buy-in, commitment and accountability. This allows parties either to continue living or working side-by-side, or to go their separate ways with the clarity and peace needed to move forward.
For many disputes, independent legal advice is important to ensure agreements are clear and lasting. In relationship property matters, independent legal advice is required for an agreement to be legally binding.
Fees for private mediation depend on the complexity, time involved and the value of the dispute. These are discussed and agreed with the parties in advance.
My fee for mediating a dispute culminating in a full day’s mediation typically ranges from $2,200 to $3,750 per party + GST.
For Family Dispute Resolution (FDR), mediation fees are covered through the Ministry of Justice as of 1 July 2025.
