Services

Mediation

I offer a caring, empathetic and pragmatic service to enable parties resolve their own disputes. I work with people to understand their issues and the sticking points which have prevented resolution. I have undertaken formal training through Massey University, The Arbitrators and Mediators Institute of New Zealand and Pepperdine University. But I bring to my mediation a very human approach, a realistic view of the world, and a practical approach to resolve problems.

Family Mediations
I work with people in resolving different sorts of family disputes. I am an accredited FDR mediator for issues with contact and access for children. I mediate problems with regard to relationship property and family issues with regard to estates with Family Protection Act claims. I bring to these issues over 40 years of experience in working with family law.

Commercial Mediations
Within companies and partnerships disputes often arise about management and finances. In small companies and businesses, the parties often have a very close relationship, and so disagreements are a bit like a family dispute. So the skills from family mediation are often directly relevant. A deep understanding of commercial law is important to enable understanding of the types of dispute and the consequences of being unable to resolve issues. My particular experience in insolvency law gives me the ability to explain the grim alternatives to a mediated settlement. As well as disputes within the business, I also mediate disputes between companies. Sometimes when the commercial relationship has been in place for a long time, the parties assume too much, and communication fails. Taking these issues to court is often unrealistic because of the huge cost of court litigation. But bringing the issues to a head in a robust commercial discussion where I can facilitate and outline parts for resolution makes real commercial sense.

Construction Mediation & Adjudication

It is surprising how frequently when a construction dispute arises that it can return to a mediation. The parties are often in the middle of a project, and the consequences of stopping work can be disastrous. So a quick and robust mediation can often be far more effective. Where the parties have stopped listening to each other, restoring the relationship can get the project back on foot. My construction law experience helps me identify the sticking points which can arise and enable the parties to get on with the real work of completing the job rather than wasting time in arguments.

Intellectual Property Issues
My experience in acting as the Ombudsman for ICANN gave me a depth of experience in trademark and domain name issues. I offer a particular service for resolving these difficult intellectual property issues, both quickly and efficiently. My involvement with the Silicon Valley Arbitrators Centre has given me particular assistance in understanding these complex issues.

Arbitration

I am a construction adjudicator on the panel of the Arbitrators and Mediators Institute of New Zealand and have conducted a reasonable number of adjudications. These run like an expedited arbitration, which is my preferred approach to arbitration. I see a real risk in many arbitrations being run as if they were a court action. This removes the benefit of the speed and cost which can make arbitration a better alternative to court litigation. I welcome appointments, both as a sole arbitrator and on tribunals.

Advocacy
Not all disputes can be resolved by the informal processes. In appropriate cases I accept instructions to appear as a barrister. I have a particular approach to litigation which is collaborative and inclusive. If you want an aggressive brutal approach, I am not your advocate. If you want a realistic approach to resolution of the problem, with a strong dose of reality checking, but one where I will seek to collaborate to achieve the appropriate result, then I will work for you.