What are my options when it comes to resolving a legal dispute?

If you find yourself stuck in conflict, whether it be in your family, business, or workplace, we want you to know that you have range of options when it comes to seeking professional help.

Call Blue Door Mediation for a free 15-minute conversation about which option might be best for your situation. And bear in mind, if one option doesn’t work, you can always try the next one.

Option 1 – The Kitchen Table (with or without a bit of help)

If the issues are relatively straightforward, you may be able to resolve the issues yourselves, with some professional support on the side. Once you have reached agreement, this may need to be formalised with the assistance of lawyers (such as a separation agreement, which deals with the division of relationship property).

Professionals are available on an ad hoc basis to support parties who wish to take this path. For example, a conflict coach, divorce coach, facilitator or counsellor can provide practical support and guidance to one or both parties. An accountant or financial planner can provide financial advice. A lawyer can provide legal advice on discrete issues along the way, as required.

Option 2 – Mediation

Mediation is a private and confidential out-of-court process where a skilled mediator supports parties in individual meetings and then facilitates a joint meeting between the parties, with a view to ensuring that all cares and concerns are addressed and a resolution is crafted by way of agreed terms of agreement, as required.

At Blue Door Mediation, we ensure that all parties are well-prepared for mediation by providing our clients with resources to work through before they have a one-on-one meeting with the mediator. We encourage parties to bring support people to the mediation, including lawyers. Our mediators are all certified mediators and practice what is known as Insight Mediation. Their approach ensures that participants are well prepared and supported to talk about what matters most and what specific terms they need to include in any agreement reached. The Blue Door Mediators also ensure that any agreement reached makes provision for addressing change and any future disagreement. A conflict coach is available as and when parties need additional support.

Mediation is useful in any dispute or conflict situation where the parties seek a self-determinative process that is private, confidential, and respectful of people’s cares and values. It is a process where all participants are encouraged to learn something new about themselves and about the situation they find themselves in. 

Option 3 – Collaborative Process

Collaborative legal process is a private and confidential process where specially trained Collaborative Lawyers and other professionals assist the parties to reach their own terms of agreement. All participants agree at the start of the process that they will not go to court. All meetings are held face to face with no lawyers’ letters being exchanged. The lawyers give legal advice to their clients but avoid engaging in behaviour that could escalate tensions between the parties. Professionals such as a facilitator, mediator, financial advisor, accountant, mental health specialist, child specialist etc can be jointly engaged by the parties to assist them in this process towards self-driven and responsible resolution.  

Collaborative Process is useful in any dispute or conflict situation where parties would like to have their lawyer in the room and be part of a team to achieve resolution. Because all meetings and negotiations are face to face, there is transparency of process and parties can ensure fiscal responsibility for the outcomes. There should be no surprises. It can include a facilitator or mediator to manage the process, as well as include other professionals that are jointly instructed and therefore saving costs. 

Talk to us about collaborative professionals working in the Otago region or online. 

Option 4 – Arbitration

Arbitration is a private, out-of-court process where an independent third party—known as an arbitrator—hears evidence and arguments from both sides and then makes a binding decision, much like a judge.

This option can be faster and more flexible than court and is often used where parties want a clear decision but prefer to avoid the formality, delay, or public nature of court proceedings. Arbitration is particularly useful in commercial and property disputes but can also be used in some family and employment law matters.

Arbitration is a useful process where parties need to appoint a third party to make a decision in a timely and controlled manner.   Choosing arbitration as a process allows parties to appoint the most suitable arbitrator for their particular dispute and also allows them via their legal team to have input into how the arbitration process will be run.

Option 5 – Lawyer-led negotiation

In lawyer-led negotiation, each party is represented by a lawyer who communicates on their behalf in an effort to resolve the dispute. This can happen through letters, phone calls, or settlement meetings.

This option can be useful where the parties don’t feel able to speak directly to each other but still want to resolve things without going to court. Negotiations can be cooperative or more positional, depending on the lawyers’ approach and the dynamic between the parties.  Your choice of lawyer is important - this option works best when both lawyers are committed to problem-solving rather than escalating the conflict.

Option 6 – Court

Going to court is usually the last resort. A judge hears the case, makes findings of fact, and imposes a decision that is binding on the parties.

While court can offer a clear outcome, it is typically the most expensive, time-consuming, and stressful option. The process is formal, and parties have less control over both the process and the result.

In some situations—such as urgent protection or enforcement—it may be necessary to go to court. But in many cases, exploring one of the earlier options first can save time, money, and relationships.