Should I Represent Myself?
A mediation meeting is not a court. People often represent themselves, so, if you feel confident, you can prepare for the meeting yourself and explain the facts.
The mediator’s role is to ensure that both parties are given the opportunity to pursue an acceptable outcome. If you represent yourself, the mediator will make sure you are not disadvantaged in the mediation process.
The mediator may:
- suggest adjournments to help you gather your thoughts
- explain legal concepts in plain English
- suggest that you seek assistance if you are out of your depth
- help you focus on the issues.
You can change your decision about having a representative at any stage in the process.
Do I Need To Employ An Advisor Or Representative?
If you feel unsure about representing yourself, you can employ an advisor, or ask a friend or family member for assistance and support.
Engaging an advisor does not necessarily mean they will, or need to, represent you before or during mediation.
You may need assistance at two stages: (1) preparing for the mediation meeting and (2) attending the meeting.
You don’t need any technical knowledge, but you do need to be able to listen, respond and maintain enough distance from the problem to be open-minded about the facts presented. An external advisor is often useful in that role. This can be a friend, whanau member, experienced community leader, or a professional advisor.
How Do I Choose A Representative?
The complexity of the problem will influence the level of assistance you need.
If you employ a professional advisor, cost becomes an issue. It’s important that recouping costs doesn’t become a major feature of a mediation meeting, especially if what you really want is to repair the relationship and get back to working together.
You need to keep the size of the problem in perspective and not let the cost of an advisor or legal costs become the major problem for you.
If you are a member of a union or an employers’ organisation, they will have experienced staff who can assist you.
If you employ an employment advisor or a lawyer you should be very clear on your brief to them, including:
- the work you want them to do
- the objective you are trying to achieve
- how much you are prepared to pay.
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This page was last updated on:
15-Sep-2009
and is current.
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