Process & Case Studies

Case Studies

While most mediations remain confidential, many people find it useful to get a feel for the sorts of problems that are routinely mediated.

In addition to non legal matters where mediation can assist in clarifying differences and reasons for them at the same time as providing a future focused environment, the reality is that most commercial matters, whether already in court and nearing a trial or prior to proceedings even being issued, are now mediated. This is often to avoid the cost, time and risk of going further and a number of real and hypothetical cases of both sorts are included here to give you an idea of the types of disputes that can be mediated and the outcomes that are achieved.

The Twisted Road Bridge

The case of the twisted road bridge – a prefabricated concrete bridge beam manufactured off site caused a new road bridge to twist and become unsafe because of incorrect tensioning. Was it design or construction and what were the appropriate costs of repair and other loss.

Sale and Purchase of a Business

Many of my mediations involve post acquisition disputes between vendors and purchasers - often alleging misrepresentation as to financials or some other aspect of performance of the business, whether sales, increased/undisclosed costs etc. Disputes can also often involve allegations around the restraint of trade given by the vendor.

Earthquake Issues

On 4 September 2010, Christchurch - gateway to New Zealand's South Island - suffered a major 7.1 earthquake and before it could recover a further 6.3 earthquake shook the city on 22 February 2011 killing 185 people and damaging well over one third of the buildings in the Central Business District and thousands of residential homes in outlying areas. The worst affected areas have been designated "red zones" and much of this land will not be built on a gain.

Franchise Disputes

I get involved in many franchise disputes – normally between the franchisor and franchisee – where the allegation is one or other side of the relationship is not performing.

Resource Management

Issues involving scarce resources like the land or water are ideally suited to mediation. I often get involved in resource management matters that have been in the Environment Court for some time and have got to a stage where the parties need a forum for a facilitated discussion about what might be possible to resolve differences. Because it is mediation, many outcomes not available through the court are possible at mediation.

Contract

Numerous contractual disputes across a range of subject areas

Construction

Mediation offshore of a multimillion dollar high-rise fit out involving joint ventures, developers and contractors

Intellectual Property

A contest for the intellectual property in connection with certain innovative rubber devices

Collective Bargaining

Collective Bargaining - Public Service Association and Ministry of Justice

Public Sector Work

A large portion of my work is government related, both mediation and consulting.

Stadium Redevelopment 2011 Rugby World Cup

Residents concerns over Auckland's Eden Park Redevelopment project in the build up to the 2011 Rugby World Cup

The Family Farm

Family inheritance is a particularly difficult and sensitive area when in dispute - often canvassing the past, acknowledging differences of view and preserving a future for the family relationship is equally as important as a financial outcome

Senior Management Employment Issues

Senior management workplace issues, confidential negotiated departures and CEO/Board relations