Successful Settlements: Making the Most of a Mediation Process

Author(s): compilation of papers


Materials comprised of a paper and a PowerPoint handout


Paul Dale QC
Warren Sowerby, Mediator
Cecily Brick, Partner, Fee Langstone
Chair The Honourable Rodney Hansen CNZM QC


With mediation and other forms of alternative dispute resolution the norm for the disposal of most litigation in New Zealand, best practice requires the lawyers involved to decide  whether to mediate and, if so, who is the best person for the job; ascertain the right timing; prepare fully, including conducting due diligence on the respective parties’ interests and drafting a suitable heads of agreement; cover off all the necessary details to safeguard against any agreement falling apart; and manage insurance aspects where applicable.

Delving into these and other key considerations, these materials aim to assist litigators with the ins and outs of the settlement process.  

These materials will help you

  • Receive guidance on the decision to mediate and, in turn, how to approach the choice of mediator.
  • Become better informed about how to time the key consideration of entry into mediation.
  • Gain insights into the multitude of factors required for preparing to negotiate from a mediator’s perspective. 
  • Gain a better understanding of the role that insurance may play in this context.
  • Become equipped with specifics of the items that should be detailed in an agreement, to provide certainty for those involved as much as possible.    

Intended audience

Litigators (across the board ie civil, commercial, relationship property, employment etc) at junior to intermediate level who are involved in settling cases and those more senior seeking a refresher/updater, and general practitioners who do some litigation work.

Publication dateSeptember 2019
FormatPDF and/or hard copy
CPD Seminar Papers ISBN: C0582/P
ADLS Members $ 21.74
Non-Members (lawyer) $ 30.43
Non-Members (public) $ 30.43
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