Phil Sheat Mediator

Phil Sheat

In an increasingly litigious world, lawyer Phil Sheat says mediation provides an alternative to expensive and protracted court processes.

“Mediation is less formal and encourages people in dispute to take control of the proceedings,” he says. “And, unlike court, it is totally confidential.

“The costs are fixed and people can represent themselves or have the guidance of a lawyer. There are no set procedural rules.”

Phil has been a general practice lawyer since 1981, working in Wellington, Whangarei, Adelaide and, for the past 29 years, in Auckland. He recently moved north to spend more time with his partner, Suzanne Donovan, who is deputy principal at Warkworth Primary School. He hopes to use his considerable legal experience to assist local people resolve their differences in a less adversarial way.

“It might surprise people how a simple apology is all that the other person needs to hear. A lot of people really value their reputation and it is enough just to be told that they were right. Mediation is a chance for people to get things off their chest and, in some cases, relationships can be enhanced through the process.”

Phil says if mediation fails, then the parties can still pursue a court hearing, although anything said in mediation remains confidential.

He says mediation is suitable for a range of disputes from relationship breakdowns and custody issues to commercial, tenancy and employment disputes. Or, it could just be two neighbours with an argument over a boundary.

“Through mediation, the issues in dispute are clearly identified, as well as the outcome the parties want to achieve. It’s about listening to the other party’s point-of-view, finding common ground and being prepared to compromise.”

Agreed outcomes from mediation form the basis of a legally binding agreement.

“I’m not a judge and I don’t make the ultimate decision, but I can assist by offering thoughts and ideas, and sometimes an alternative perspective, to enable the parties to reach agreement.”