Shane Hussey is available to mediate disputes. He is vastly experienced in dispute resolution, ranging from mundane to highly complicated.
Shane sees his role as a mediator as providing a forum that will assist each party to “hear” the other party and to guide the mediation process in a manner that will enable the parties to agree the key drivers of the matters in dispute and key potential outcomes. This can provide a foundation for meaningful settlement discussions. Typically, that process will involve a mixture of sessions where the parties are in the same room and also sessions where the parties caucus separately and work with Shane.
Shane is known for his commercial acumen, quick thought processes, and ability to focus on both the detail and the big picture. He is also known for his ability to communicate in a straight-forward manner, with his emphasis being on ensuring that the message he sends is meaningful to the recipient, and sent in a manner that shows empathy, honesty and reality.
Shane is acknowledged as one of New Zealand’s pre-eminent forensic/investigating accountants both in relationship property matters and commercial matters. He has been instructed in close to 1,000 separate matters and given evidence more than 150 times. He has attended hundreds of mediations and, in that process, has been privileged to observe some of New Zealand’s most accomplished mediators and the mediation strategies adopted by counsel acting for the parties.
Shane brings this experience to assist parties to address the issues required to enable them to derive outcomes that enable the matters in dispute to be settled.
The purpose of mediation is to provide a neutral and confidential setting which will allow and encourage the parties to set out their positions and “hear” the opposing positions, often as presented by the parties and counsel. Often that process alone will lead to a mutual desire to seek a settlement and to “put matters in the rear-view mirror”. That said, often that will not be the result (at the outset).
However, even where hearing the opposing positions does not initially result in a mutual desire to work towards a settlement, Shane’s experience is that most mediation participants will agree that the process of hearing “first-hand” from the other side and opposing counsel assists their understanding of matters and, therefrom, their potential subsequent litigation strategy. He finds that this process also serves to assist the resolution process. That is because the mediation process will usually provide a valuable insight, not as to the legal merits and weaknesses of each position (because, that should already be known from the evidence), but as to related matters such as:
a) The credibility of key witnesses;
b) Matters such as contributory negligence;
c) The ability of a defendant to meet an award that might be made;
d) The time that it will take to proceed to a hearing and the emotional and opportunity cost;
e) The cost of proceeding to a hearing; and
f) The uncertainty that arises from such a process.
Typically, something like 90% of mediations result in a settlement.
Let's Talk
If you would like to discuss a potential mediation engagement, please contact us today.
Phone 09 300 5480Email admin@hco.co.nz
