Late last year, Victoria University of Wellington’s School of Law partnered with dispute resolution association LEADR & IAMA through the University’s Summer Scholarship programme to survey 34 commercial mediators on the nature and use of commercial mediation.
Dr Grant Morris from Victoria’s School of Law, who led the research, says the results demonstrate a strong case to settle disputes through mediation rather than going through the courts.
“There are a lot of benefits to mediation. It’s cheaper, it’s faster, and it gives parties greater control over the outcome,” Dr Morris says.
“Resolving disputes outside of the courts also offers a higher degree of confidentially, so people are motivated to go through mediation by a desire to preserve relationships and reputations.”
Results showed that many referrals to mediation came from lawyers, while few came from the courts. The survey also illustrated the sector’s support for mediation to be mandatory in some contexts.
Dr Morris says the survey is “very important” and is the first in the country to research the commercial mediation market.
“Before the survey, all we had to rely on was anecdotes, but this gives us the evidence needed to better understand how the mediation market works.
“Mediation is vital to the New Zealand economy because it can resolve disputes in a timely and sensitive way allowing for the smoother operation of business. If mediation can improve the way business operates, we need to find out more about how we can grow the small, but promising market.”
Dr Morris says the study has opened the door on this largely unexplored area, and he hopes to initiate further research later in the year.