A practical mediation option for your clients

When the dispute matters — but the cost of litigation is becoming disproportionate.

Lawyers, accountants, building professionals, property advisers and other professionals are often the first to recognise when a client's dispute is becoming difficult to resolve.

Sometimes the next formal step is necessary.

Sometimes what is needed is an independent person who can get across the detail, bring the parties together and help them find a practical way forward.

Len Cooper AAMINZ provides independent mediation for business, building, property, contractual, trust/family financial and civil disputes.

A mediator who works with you — not instead of you

Len's role is not to replace legal, accounting or technical advice.

Where professional advisers are already involved, Len welcomes their participation and works alongside them to help the parties understand the issues, test possible solutions and determine whether settlement can be achieved.

Lawyers remain able to advise their clients on legal rights and settlement terms.

Accountants can assist with financial, valuation and tax implications.

Building and other technical professionals can clarify matters requiring specialist expertise.

Len's role is to facilitate the settlement process.

Particularly useful when…

A referral to mediation may be worth considering when:

• Direct negotiation has stalled.

• Correspondence between the parties is becoming increasingly positional.

• The legal costs could become disproportionate to the amount in dispute.

• A business or commercial relationship is being damaged.

• There is substantial documentation or a complicated history that needs to be understood.

• The parties need someone independent to help them identify what is really preventing agreement.

• There may be practical settlement options that litigation alone cannot provide.

• Proceedings are contemplated or already underway, but there is still an opportunity to resolve the matter.

Len gets across the detail

Some disputes cannot be understood from a two-page summary.

They involve contracts, emails, invoices, photographs, expert reports, financial information, competing chronologies and years of history.

This is an area in which Len is particularly strong.

He takes the time to understand the material, distinguish the important issues from the surrounding conflict and identify the points that may provide a pathway towards resolution.

“Len has a practical bent and understanding of how things work and where resolution is achievable. He has a unique understanding of human nature and is well experienced in approaching difficult and, at first glance, unsolvable problems with innovative solutions, applying proportionate approaches to obtaining resolution.”

Robert Hucker, Barrister

A proportionate process

Not every dispute requires an expensive full-day mediation involving extensive briefs and preparation.

The mediation process should be proportionate to the dispute.

Depending on the matter, Len can offer:

• Focused two-hour mediation

• Half-day mediation

• Full-day mediation

• Online mediation

• In-person mediation

• A tailored process for complicated or document-heavy disputes

Where appropriate, fixed fees are available so that the parties know the mediator's cost before they begin.

Professional advisers remain as involved as the circumstances require. Lawyers may attend the mediation, advise separately or assist with documenting settlement, while financial and technical advisers can remain involved where their expertise assists the process.

Not sure whether a matter is suitable?

You don't need to make that determination before contacting Len.

Professional advisers are welcome to call Len for a brief confidential discussion about whether mediation may be appropriate and what process might suit the matter.

There is no charge and no obligation for an initial suitability discussion.

Invite Len to speak to your team or members

Len is also available to give a complimentary short presentation to law firms, accounting practices, building and property organisations and professional groups:

When the dispute costs more than the problem

How to recognise the right time for mediation — before positions harden and costs take over.

The presentation is practical and educational rather than promotional and can be tailored to the types of disputes your organisation encounters.

Refer a matter or arrange a discussion

Len Cooper AAMINZ
Independent Mediator

Phone: 021 740 599
Email: len@resolutions.nz

Auckland-based • In-person and online mediation available throughout New Zealand

RESOLVE THE DISPUTE BEFORE THE COSTS TAKE OVER.