March 2001 RM Journal
Summary
In this article two mediators provide their reflections on a Treaty dispute; what seemed to work, what could have been done differently and what are some lessons from this experience. All stakeholders and agencies involved in this dispute were given the opportunity to provide their comments on the draft paper and we want to thank those who did. As the mediation did not achieve final agreement the issue will now come before a special hearing of the Waitangi Tribunal. There are many complex reasons why mediation does not result in agreement. It is too simple to say “the parties wanted their day in court” or “the issues were non-negotiable”. This paper is a discussion of some of the possible reasons.
