WHY MEDIATE?
Litigation has its place in sorting out problems, and achieving certainty, and I love litigating. But it is increasingly unaffordable, time-consuming and the results are uncertain. Families can be tied up in trial preparation, a trial and appeals for up to a decade. On the way through, millions of dollars in family wealth is often paid to the lawyers.
A mediated outcome stops the cost, provides certainty, and gives relationships the chance of repair. Importantly, creative outcomes can be agreed, that the Courts do not have jurisdiction to order. About 90% of my cases in practice as a lawyer have settled, either through negotiation between counsel or with the assistance of a mediator. Many times, we have achieved results better than my clients would have achieved in Court. And because of the ability to agree creative solutions, many times the other side’s outcome was also better than they would have achieved in Court.
Other times, the outcomes are basic, monetary compromises to end the pain and cost of litigation, so the parties can move forward free of each other in their lives.
As counsel, I have participated in scores of mediations, almost all of which have resulted in settlement – if not on the day, soon thereafter.
I consider the process so valuable I undertook a mediation training course in late 2022. I am an Associate Member of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.
Judges and Parliament have recognised the utility of mediation - under the Trusts Act 2019, the High Court can order that the parties mediate
I welcome enquires about assisting the parties to resolve their disputes, through the solicitors acting on the case.
I welcome enquiries from the lawyers involved about my costs and my availability. Enquires can be made by email to vanessa@vanessa-bruton-mediation.co.
or by phone to 021-887-587.