Preliminary Discussion

If desired the parties (or their legal advisers) may make preliminary enquiries of me to discuss any aspects of a proposed mediation or to raise any queries they may have.

 Mediator Appointment

If a decision is made to appoint me as mediator this must be done in writing (email is sufficient) by each party or their lawyer either individually or jointly with the other party or parties.  The terms on which I accept appointment are set out below and these must be accepted by each party at the time of my appointment.

 Terms of Appointment

  1. The mediator will be Blair O’Brien.
  2. The parties (and their lawyers) will act in good faith in a genuine attempt to resolve the conflict or matter in issue.
  3. Prior to the mediation commencing all parties (and their lawyers) will sign a mediation agreement.
  4. Blair O’Brien’s fees will be calculated as follows:
    • $275.00 plus GST per hour (including preparation time)
    • Alternatively a fixed fee of $1,250.00 plus GST for a half day mediation (up to 4 hours) or a fixed fee of $2,500.00 plus GST for a full day mediation (more than 4 hours).
    • Note the fixed fee option includes all preparation time.
  5. Disbursements including travel and accommodation if any are charged at cost.
  6. Travel time is charged at half the hourly rate.
  7. In Auckland I am able to provide at Northcote on the North Shore suitable rooms and refreshments if required at a reasonable cost.
  8. An invoice is rendered after the mediation and payment is due within 14 days of invoice date.
  9. Parties (or lawyers where lawyers are involved) undertake direct responsibility to me for payment of my fee.
  10. I carry professional indemnity insurance specifically designed to cover my role as mediator.