Phillip D. Green - Mediation Services

By: Phillip D. Green Barrister  06-Dec-2011
Keywords: Parties, Mediation, Mediation Agreement

I have mediation experience both as counsel and mediator in a large range of disputes. That mediation experience includes disputes including:

 

What will happen if I am appointed as mediator?

Every mediation is different. That means the parties needs need to be assessed and as early as possible in the process. I therefore seek to call 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 parties involved, whether lawyers are 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. This level of assistance can vary widely depending on the nature and type of the dispute, the number of parties involved and whether or not they are represented by lawyers. Prior to the agreed mediation date I generally call a second pre-mediation meeting, again usually by phone, 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. This can be especially important where none of the parties or their lawyers have had prior mediation experience.

I also like to confirm in this meeting 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.

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

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 each of the parties to summarise the issues and their views about them. I encourage the parties to have as much direct involvement as they would like. 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 are 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.

 

Cost: Mediation

My daily mediation rate is $4,000 plus GST per day. I do not charge for travel time to get to other cities or towns to sit as mediator. I do charge for reasonable disbursements such as communication costs and travel – taxis, airfares and accommodation if out of Wellington. My daily rate covers up to two pre-mediation conferences, reading materials prior to the mediation and other case management requirements with a total time allocation for these tasks of two hours. It also covers the mediation time on the day up to 6.00pm. Time spent beyond 6pm is charged at the rate of $450 per hour plus GST.

 

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:
My receipt of emailed documents can be taken to have been effected by my acknowledging the email on reply. I can also receive documents by fax to (04) 471 2088.
My courier address is 192 Sydney Street West, Thorndon, Wellington.
My postal address is PO Box 5048, Wellington 6145.
My Personal Assistant is Jan Page. Her email address is
Our phone contact information is (04) 473 6612.
My mobile number is 021 465 544.

 

The next step – Contact me?

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

The information in this article was current at 02 Dec 2011

Keywords: Mediation, Mediation Agreement, Parties,

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