The Law Society has developed these guidelines to serve as a practical framework for the practice of mediation. The guidelines are intended to apply to all types of mediation.
The guidelines are intended to perform three major functions:
(a) to serve as a guide for mediators;
(b) to inform the mediating parties of what they should expect; and
(c) to promote public confidence in mediation as a process for resolving disputes.
These guidelines draw on existing codes of conduct for mediators and are based on the Guidelines for Mediators developed by the Law Council of Australia and the Australian National Mediator Standards.
There are a range of different mediation models in use across New Zealand. These guidelines set out minimum requirements and recognise that some mediators may choose to develop or comply with additional standards or requirements.
Where mediators practice under existing legislative frameworks and there is a conflict between the requirements of these guidelines and any legislation, the legislative requirements will override those of the guidelines to the extent of any inconsistency.