Resolution Institute/Victoria University ‘Lawyers as Gatekeepers to Commercial Mediation in New Zealand’ Report

36 Pages Posted: 20 Jun 2016

See all articles by Grant Hamilton Morris

Grant Hamilton Morris

Victoria University of Wellington - Faculty of Law

Amanda Lamb

Independent

Date Written: June 20, 2016

Abstract

This report contains follow on research from the 2015 study examining the nature of private commercial mediation in New Zealand. The aim of this research project is to examine gatekeepers’ perspectives on commercial mediation. There is a lack of empirical information on the nature and use of commercial mediation in New Zealand. This project aimed at gathering empirical data from lawyers working within this field to gain a picture of the current market.

Overall conclusions include:

• Lawyers know about commercial mediation and support it, but largely on their own terms. They are not undermining it. Lawyers believe they are contributing positively to the mediation process.

• Clients have a more limited knowledge of mediation but usually follow their lawyer’s recommendations. Thus lawyers play a key role as gatekeepers to commercial mediation.

• The main reason lawyers recommend mediation is cost ie it is cheaper than litigation.

• Lawyers prefer legal trained mediators with experience and a good reputation.

• Lawyers report high mediation settlement rates and high overall quality of mediation. Lawyers are generally happy with the standard of commercial mediation in New Zealand.

• It appears that while mediators believe it would be advantageous to expand commercial mediation in NZ, lawyers are generally satisfied with the level and quality of commercial mediation. The group that has not yet been surveyed is clients and potential clients of commercial mediation.

Keywords: Mediation, Commercial, Lawyers, New Zealand

JEL Classification: J52, K49

Suggested Citation

Morris, Grant Hamilton and Lamb, Amanda, Resolution Institute/Victoria University ‘Lawyers as Gatekeepers to Commercial Mediation in New Zealand’ Report (June 20, 2016). Available at SSRN: https://ssrn.com/abstract=2797995 or http://dx.doi.org/10.2139/ssrn.2797995

Grant Hamilton Morris (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Amanda Lamb

Independent

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