< ALL OUR SERVICES

Mediation-arbitration

A structured process combining mediation and arbitration

Med‑Arb is a combined dispute‑resolution process that brings mediation and arbitration together in a single, structured pathway.

It is designed for disputes where parties want a genuine opportunity to resolve matters by agreement, but also want certainty and finality if that does not occur.

Fraundorfer offers med‑arb as a practical, time‑bound process for suitable disputes.

Our Approach

The process is typically run over two consecutive days.

Day one - mediation with structure

Day one begins in a more formal setting than a traditional mediation.

Each party presents opening submissions, setting out their position and the key issues in dispute
The process then moves into a without‑prejudice round‑table discussion
Negotiation follows, with a clear focus on whether the dispute can be resolved by agreement

The mediation is chaired by David Fraundorfer.

The focus is practical: identifying what is in dispute, where resolution may be possible, and whether agreement can be reached.

Day two - arbitration if required

If the dispute does not resolve on day one, the process moves into arbitration on day two.

The arbitration is conducted in a more formal manner
Evidence and submissions are considered
The dispute is determined by way of a binding decision

This means the matter concludes within the med‑arb process, without the need to commence separate arbitration or court proceedings.

Why use Med-Arb?

Med‑Arb can be appropriate where parties want:

A genuine opportunity to resolve the dispute by agreement
A defined process with clear timeframes
Finality if settlement cannot be reached
An alternative to prolonged arbitration or litigation

It can be particularly useful in disputes where delay, cost, or uncertainty are significant concerns.

Role of the Med-Arb decision maker

In a med‑arb process, David Fraundorfer acts as both mediator and arbitrator.

The process is designed and managed carefully to ensure:

Parties understand how the process will operate
The transition from mediation to arbitration is clear
Procedural fairness is maintained throughout

The focus is on running a process that is efficient, structured, and defensible.

Our Med-Arb team

David Fraundorfer

Trial Counsel

david@fraundorfer.co.nz | 027 530 7803

READ DAVID'S BIO

David is a civil trial lawyer with extensive experience in complex commercial and public law disputes. His experience includes ten years in London undertaking financial and international disputes, heading up Bay of Plenty’s largest litigation team, working as a commercial barrister and fronting his own specialist litigation firm.

His successes include setting precedents in the Court of Appeal, litigating class actions, and leading lengthy High Court trials. He is routinely instructed on judicial review, commercial disputes, and complex negligence claims. He is also asked to provide advice to corporate boards, speak at conferences on legal developments and guest lecture at law schools.

David maintains an interest in sports law, where he acted for international athletes in disciplinary and arbitration proceedings, including matters before international sporting bodies. He is a member of the Sports Tribunal assistance provider scheme, a panel arbitrator for the International Court of Arbitration of Sport and is the Oceania arbitrator for FIFA.

Rachel Scott

Special Counsel

rachelscott@fraundorfer.co.nz

READ RACHEL'S BIO

Rachel is a civil and regulatory law Specialist with over 20 years' experience, appearing across tribunals, courts, and boards of inquiry. Rachel’s specialist area is insolvency and tax disputes – including complex child support matters/regulatory prosecutions, and she regularly takes instructions from both Liquidators, Receivers, Company Directors and Private clients. Rachel has been involved in some of the leading cases in this area of practice.

Rachel has a secondary practice in land disputes, including those involving a valuation aspect, construction and those involving Māori land. Rachel is experienced in a courtroom at all levels and in mediations, arbitrations, and round table settlements. She regularly takes instruction in complex estate matters.

Outside of the law, Rachel has been actively involved in both the New Zealand Law Society and Volunteering Waikato. She is currently the Deputy Chair of the Tauranga Art Gallery Trust, the trust that operates the Toi Tauranga Art Gallery.