Mediation Process

Other uses of mediation

- Employment - Tenancy - Leaky Homes - Commercial (800 a year typically about contractual disputes)

2

Appoint mediator

3

Arrangements for time and venue

11

Each party signs the agreement (some binding, some not) Mediation end

Divorce Mediation

Family Court does not recommend litigation. First step in NZ legal system is counselling, in many cases couples will not agree to this as the marriage is beyond repair. If this does not work, or is not taken up by the couples the court can refer parties to a judicial mediation conference. Child custody issues come under the Family Dispute Resolution Act 2013, and provides expert mediators to help parties reach an agreement. Lawyers can attend but are not always welcome. Agreements met a mediation can be transformed into court orders. If mediation fails, then court proceedings will follow.

4

Introductions - parties arrive, lawyers may be present

10

Mediation group reassembles with the aim of making final decisions - these are written up by the mediator or lawyers.

5

Mediator opening statement Consists of affirming the decision to use mediation and outlining the process and goals of mediation, such as communal problem solving. Mediator asks parties to confirm if they have the authority to make any settlement Ground rules set out - confidentiality, appropriate behaviour, stressing voluntary nature (parties can leave at any time unless it has been a mandate from the court)

9

Parties meet separately with the mediator Allow each party to communicate feelings about the possible options without the other party present.

1

Parties must agree to mediation

8

Problem solving begins This should involve much discussion and no one should dictate terms

7

Summary Mediator will be noting common ground and formulating key issues to be resolved Entire group forms a list of issues

6

The parties, in turn, then have the opportunity to tell their stories uninterrupted and pinpoint what are the most important issues from their perspective Mediator may ask open ended and clarifying questions

Property Law NZ

Under the Property (Relationships) Act 1976, relationship property is usually split 50-50. This includes family home and chattels and any property acquired before or during the relationship that was used by the couple as part of the relationship. Separate property, acquired before the relationship and kept separate during it is usually considered to the be the property of the individual who owns it. Inheritances are usually considered separate unless mingled with the relationship that separation would be too difficult. All married and de facto couples lasting three years or more are subject to the Act. The only way to avoid the act is to contract out of it by drawing up a property agreement (pre-nuptial agreement). Factors considered are have the couple lived together, existence of a sexual relationship, sharing of finances, ownership and use of property, children, and the extent to which the couple were looking towards a shared future.