Services
I am Martin Dillon, a Hamilton-based barrister and independent mediator accepting appointments in commercial and civil disputes throughout the Waikato. I mediate disputes involving businesses, contracts, farming and agribusiness, manufacturing, property, professional services, technology and other complex subject matter.
Mediations may be conducted in person in Hamilton or elsewhere in the Waikato, online throughout New Zealand, or through a hybrid process. I accept appointments by agreement of the parties or on referral from counsel.
For detailed information about commercial mediation in Hamilton and across the Waikato, including the mediation process, fees and availability, visit Waikato Mediation.
Why appoint me as mediator
I have practised law since 2007. My professional background includes commercial and civil litigation, negotiation and dispute resolution, trial and appellate advocacy, and acting independently as a mediator and arbitrator.
My commercial practice has included disputes involving substantial documentary records, expert evidence and complex legal, factual and technical subject matter. That experience helps me identify the issues underlying a dispute, understand the parties’ positions and engage with both the legal and commercial realities of the matter.
I hold an LLB and a BA in Philosophy from the University of Auckland and am an Associate of the Arbitrators’ and Mediators’ Institute of New Zealand.
I practise independently from 109 Chambers in Hamilton and am not aligned with any party, law firm or commercial interest involved in a mediation.
Parties and counsel can expect:
- careful preparation before the mediation;
- a calm, structured and respectful process;
- practical engagement with legal and commercial considerations;
- flexibility to adapt the process to the dispute;
- clear communication with parties and counsel; and
- independence, confidentiality and procedural fairness.
Types of disputes mediated
I accept appointments in a broad range of commercial, contractual and civil disputes. These include:
- Business, contract and ownership disputes — including disputed contractual obligations, payments, shareholders, directors, partnerships, joint ventures, business sales and ongoing commercial relationships.
- Farming, agribusiness and rural disputes — including farming businesses, sharemilking arrangements, agricultural contracting, rural property, machinery, supply agreements and other disputes arising in the rural economy.
- Manufacturing, engineering and supply disputes — including machinery and equipment, manufacture and supply, specifications, performance, installation, defective goods, distribution and logistics.
- Property, construction and leasing disputes — including commercial property, leases, construction contracts, payment issues, variations, delays, defects and development projects.
- Technology and technically complex disputes — including software, SaaS, IT services, data, digital systems, communications technology and disputes requiring engagement with unfamiliar technical material.
- Professional-services and other civil disputes — including disputes involving professional obligations, services, insurance, finance and other commercial arrangements.
This list is not exhaustive. The suitability of mediation depends on the circumstances of the dispute and the willingness of the parties to participate constructively.
For mediation involving software, SaaS, IT, data or digital systems, further information is available through my specialist technology mediation service.
My approach to mediation
Prepared
I aim to understand the dispute before the mediation begins. This includes identifying the principal issues, understanding the parties’ positions and becoming familiar with the material necessary to conduct the mediation effectively.
Pre-mediation discussions with the parties or their lawyers can be arranged where they would assist with preparation, process design or the productive use of the mediation day.
Commercially informed
Legal rights matter, but commercial disputes are not resolved in a vacuum. Cost, delay, uncertainty, business relationships, operational demands and the practical alternatives available to each party may all influence whether a proposed resolution is workable.
My approach is directed towards helping parties assess the dispute in that broader context while retaining responsibility for their own decisions.
Flexible
Different disputes require different processes. A mediation may involve joint discussions, private meetings, negotiation through the mediator, technical or financial material, lawyers playing an active role, or a combination of these approaches.
The process can be adapted to the nature of the dispute, the needs of the parties and the issues most likely to affect resolution.
Neutral and independent
My role is not to advocate for either party, give legal advice or determine the dispute. I facilitate the process, help clarify the issues, test positions where appropriate and assist the parties to explore whether an acceptable agreement can be reached.
I take conflict and disclosure obligations seriously and ensure that my role remains neutral throughout the mediation.
Mediation in Hamilton, across the Waikato and online
I practise from 109 Chambers in central Hamilton and am available for in-person mediation appointments throughout the Waikato.
Depending on what is most practical for the parties, a mediation may be held at lawyers’ offices, commercial premises, suitable meeting facilities or another agreed venue. I am available to travel within the region where that will make the process more accessible or efficient.
Online mediation is also available. This can be useful where parties or lawyers are in different locations, travel would add unnecessary expense, or an online process is otherwise more convenient.
Hybrid arrangements can be used where some participants attend in person and others participate remotely. I also accept suitable online appointments elsewhere in New Zealand and, where appropriate, internationally.
How the mediation process works
1. Conflict and availability check
The parties or their lawyers provide the names of those involved and any proposed mediation dates. I then check for conflicts and confirm whether I am available.
Only limited information about the substance of the dispute is ordinarily required for this initial step.
2. Appointment and preparation
Once the appointment is confirmed, the parties enter into a mediation agreement setting out the basis on which the mediation will be conducted.
The parties provide mediation statements, relevant documents and any other agreed material. Preliminary discussions or conferences may be arranged where useful.
3. Mediation
The mediation is conducted in person, online or through a hybrid process. It may involve joint discussions, private sessions and negotiation through the mediator.
The structure remains flexible and can be adjusted as the mediation develops.
4. Outcome
If agreement is reached, the parties and their lawyers can record the settlement in appropriate terms.
If the dispute does not settle, the mediation remains confidential in accordance with the mediation agreement and applicable law. The parties retain their existing legal rights and may pursue arbitration, litigation or another process.
Confidentiality and candour
Confidentiality is central to effective mediation. It allows parties to discuss the dispute candidly, explore possible solutions and test proposed outcomes without prejudicing their position outside the mediation.
The mediation agreement addresses confidentiality, without-prejudice communications and the respective roles of the mediator, parties and lawyers.
I work to provide a professional environment in which participants can engage constructively, consider the dispute realistically and make informed decisions about resolution.
Mediation fees
My standard fee is $6,500 plus GST for each mediation day, together with any applicable disbursements.
A mediation day runs from 9.00 am until 5.00 pm. The fee reserves the day and includes the pre-mediation work required to prepare for the mediation, including preliminary conferences, correspondence, review of mediation statements and agreed materials, and procedural arrangements.
Extended mediation time and substantive post-mediation work are charged at $600 plus GST per hour.
Different arrangements may be agreed in advance for multi-party, multi-day or exceptionally extensive mediations. Travel, accommodation, venue hire and other reasonable external expenses are additional where applicable.
Full details are available on the mediation fees and costs page.
Check conflicts and availability
I welcome enquiries from parties and lawyers considering my appointment as mediator.
For an initial conflict and availability check, please provide:
- the names of the parties;
- the names of the lawyers or firms involved;
- proposed mediation dates, if known; and
- a brief indication of the nature of the dispute.
If I am available and conflict-free, the appointment process, mediation agreement, preparation requirements and practical arrangements can then be addressed directly.
Email: martin@martindillon.nz
Phone: +64 21 144 0486