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, this On Demad seminar aims to assist litigators with the ins and outs of the settlement process.
- 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.
Who should view?
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.
Access details will be delivered via email within 15 minutes.
Paul Dale QC
Paul Dale graduated with an LLB in 1974. He was admitted to the Bar in 1975. He joined the firm Terry & Frankovich in 1974 and moved to Dale Nicholson & Pollard in 1976. In 1982 he travelled to Hong Kong to work for the government as a Crown Counsel.
After 11 months he was promoted to Senior Crown Council and appeared on a daily basis in the Supreme Court and Court of Appeal. Mr Dale returned to New Zealand in 1987. In 1998 he became the senior litigation partner at Grove Darlow & Partners, where his responsibilities included a wide range of civil and commercial litigation.
He joined the independent bar in 2006 and specialises in civil and commercial litigation.
Warren is widely considered to be New Zealand’s pre-eminent legal/commercial mediator. As one of the most influential law practitioners involved in the practice of mediation has played a major role in transforming the use and practice of commercial mediation within New Zealand.
He is consistently selected to facilitate the resolution of significant local, national and international disputes, involving infrastructure, aviation, construction, finance, media/entertainment, forestry, telecommunications, sport, national and international joint ventures, insurance, health and Treaty of Waitangi issues.
Warren has completed more than 2,300 commercial mediations involving participants from New Zealand, the UK, USA, Japan, South Korea, Australia, China, Singapore, Europe and Russia.
Cecily has specialised in insurance and litigation since joining Fee Langstone’s predecessor firm Jones Fee in 2002, becoming a partner therein in 2010.
She regularly advises major NZ insurers on policy coverage issues and claims disputes, particularly in the areas of property and business interruption insurance, public and product liability policies, and construction risks including contract works insurance. Cecily also has particular expertise in the drafting and review of policy wordings.
Cecily has significant experience in litigation and resolution of disputes through mediation and negotiation, including claims of significant value and complexity. She has represented clients in defended fixtures in the High and District Courts, and appeared as counsel in the Court of Appeal and Supreme Court.
The Honourable Rodney Hansen CNZM QC