Mediation
Brintyn Smith is an Accredited Auckland-based Mediator
At Brintyn Smith Barrister, we understand that family disputes can be emotionally challenging and financially draining. Mediation offers a collaborative and less adversarial approach to resolving disputes, allowing families to reach fair and amicable agreements without the need for lengthy Court proceedings.
Brintyn Smith is an accredited mediator with Resolution Institute New Zealand.
Why choose mediation?
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Mediation is generally more affordable than traditional litigation. The costs of a court case can quickly escalate due to legal fees, expert witnesses, and time in Court. Mediation helps minimise these costs by enabling you to settle disputes more quickly and without the need for extensive legal proceedings.
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Court cases can take months or even years to resolve, causing prolonged stress and uncertainty. Mediation, on the other hand, can often resolve issues in just a few sessions, allowing you to move forward with your life more swiftly. The process is typically more flexible and can be scheduled at times that work for both parties, allowing for quicker resolution.
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In mediation, both parties have a say in the outcome. Rather than having a decision imposed upon you by a Judge, mediation allows you to negotiate a solution that suits both parties. This flexibility can result in more creative and mutually beneficial solutions, particularly in complex family matters where emotions and personal relationships are involved.
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Mediation is a confidential process. The discussions held in mediation are private and cannot be used in Court if the matter proceeds to litigation. This ensures that both parties can speak freely, without the fear that their words will be used against them later. The private nature of mediation can also help to maintain the dignity, mana and privacy of the parties involved.
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Mediation focuses on communication and collaboration rather than conflict. This is especially important in family law matters, where the parties involved may have ongoing relationships—such as co-parenting or shared property arrangements. Mediation helps preserve these relationships by fostering a more respectful dialogue, reducing hostility, and encouraging constructive problem-solving.
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In traditional Court proceedings, a Judge makes the final decision, leaving you with little control over the outcome. Mediation empowers you to make decisions and actively participate in shaping the solution. This can be particularly beneficial when dealing with sensitive issues such as child care or asset division, as it allows for solutions that are more personalised to your family’s needs.
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Family disputes are often accompanied by a great deal of emotional stress and anxiety. Mediation, being less confrontational than litigation, provides a supportive and neutral environment for both parties to express their concerns and work towards a resolution. This approach reduces the emotional toll and helps to protect the wellbeing of all parties involved, including children.
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Mediation is not limited to simple disputes. It is an effective solution for even the most complex family law matters, including childcare, guardianship, relationship property, estate and financial settlements. The mediator helps to navigate these complexities, guiding the parties towards practical and equitable solutions.
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Mediation is a forward-thinking process that focuses on finding solutions that benefit everyone in the long term. It encourages parties to look beyond their differences and work together to create a solution that promotes positive relationships in the future, particularly in cases involving children.
clients
“Brintyn was able to achieve the results sought in a challenging case and I am very thankful for his professionalism in supporting me through this. His approach installs trust and confidence during what can be quite an emotional time. Thank you.”
Dan
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The content on this website is provided for general informational purposes only and should not be taken as legal advice.