Litigation &

Dispute Resolution

Mediation & Dispute Resolution Support

Supporting clients through mediation and dispute resolution

Many disputes can be resolved without the cost, delay, and uncertainty of court proceedings. Mediation and other forms of alternative dispute resolution provide an opportunity for parties to negotiate practical outcomes while maintaining greater control over the result.


At Smith and Partners, we support clients throughout the dispute resolution process. Whether you are preparing for mediation, participating in negotiations, or considering settlement options, we provide strategic legal advice and practical guidance every step of the way.


Our role is to help you understand your position, protect your interests, and work towards the best possible outcome.

Understanding mediation

Mediation is a structured process where an independent mediator helps the parties explore options for resolving a dispute.



Unlike a Judge, the mediator does not determine the outcome or decide who is right or wrong. Instead, the parties remain in control of the outcome and decide whether to reach an agreement.


Many commercial, property, trust, employment, and estate disputes are successfully resolved through mediation before court proceedings become necessary.

Common mediation and dispute resolution matters


Our team regularly assists clients with:


  • Strategic advice before mediation
  • Preparing for mediation
  • Reviewing evidence and legal issues
  • Negotiation strategy
  • Settlement negotiations
  • Assessing settlement offers
  • Representation during mediation
  • Alternative dispute resolution processes
  • Court-directed mediation
  • Ongoing litigation where settlement is not achieved


Every dispute is different, and the most appropriate approach will depend on the issues involved, the parties, and the opportunities available to resolve the matter.

Our role throughout the mediation process 

Our role extends well beyond attending mediation.


We work closely with clients before, during, and after mediation to ensure they understand their legal position and are well prepared to make informed decisions.


Depending on your circumstances, we may assist with:


  • Providing strategic legal advice
  • Preparing evidence and supporting documentation
  • Developing a negotiation strategy
  • Advising during mediation
  • Assessing settlement proposals
  • Drafting settlement agreements
  • Continuing representation if litigation becomes necessary


Our focus is on helping clients achieve practical outcomes while protecting their legal and commercial interests throughout the dispute resolution process.

Why seek legal advice before mediation?

Obtaining legal advice before mediation can help you:


  • Understand the strengths and risks of your position
  • Prepare thoroughly for negotiations
  • Evaluate settlement options confidently
  • Protect your legal rights
  • Improve the likelihood of achieving a successful outcome


Being well prepared often makes mediation more productive and increases the chances of resolving the dispute efficiently.


How Smith and Partners can help

Our Litigation & Dispute Resolution team regularly represents businesses and individuals participating in mediation across a wide range of legal matters.


Whether mediation is voluntary, required under a contract, or directed by the Court, we provide practical legal advice, strategic guidance, and ongoing representation throughout the dispute resolution process.


If your dispute cannot be resolved through mediation, we are also able to represent you through litigation where necessary.


If you are involved in a dispute and are considering mediation, or have been invited to participate in mediation, contact Smith and Partners to discuss your situation and learn how we can help.

Frequently Asked Questions

  • What is mediation?

    Mediation is a confidential process where an independent mediator helps the parties discuss their dispute and work towards a mutually acceptable resolution. The mediator does not make the decision - the parties remain in control of the outcome.

  • Do I need a lawyer at mediation?

    While it is not compulsory, obtaining legal advice before and during mediation can help you understand your rights, prepare effectively, and make informed decisions throughout the process.

  • Is mediation legally binding?

    The mediation process itself is not binding. However, if the parties reach an agreement, that agreement can usually be documented and become legally enforceable.

  • What happens if mediation doesn't resolve the dispute?

    If mediation is unsuccessful, there are usually other options available, including further negotiations or formal court proceedings. We can continue to advise and represent you throughout the next stage of the dispute.

Helping you navigate disputes

Practical articles and legal insights on disputes, litigation, mediation, and resolution.

AI legal privilege
By Nathan Tetzlaff July 27, 2026
Using AI tools like ChatGPT during a legal dispute could put legal privilege at risk. Learn when privilege applies, how it can be lost, and how to protect confidential information.
Left Out of Your Parent’s Will? Your Rights and Estate Claims Explained
By Carolyn Ranson June 13, 2026
Being left out of a parent’s Will — or receiving less than you expected — can be both surprising and distressing. The law in New Zealand provides that, in many cases, this may not be the end of the matter.
Why Estate Disputes Still Happen: The 2026 Patterns behind Estate Claims
By Carolyn Ranson June 7, 2026
In our experience, estate disputes are rarely unexpected. They tend to arise where known risk factors—such as estrangement, informal caregiving arrangements, or uneven provision in a will—have not been addressed clearly during lifetime.
The Strategic Advantage of Settlement: Why Resolving Litigation Early Often Makes Sense
By Natalie Miller May 26, 2026
In the realm of civil and family litigation, the decision to settle a dispute rather than pursue a judicial outcome is often framed as a tactical choice