Finding the Holy Grail of Commercial Mediation Research: An Empirical Study of Insurance Mediation Users in New Zealand

Discovering what users think of mediation is the Holy Grail for mediation professionals. This article looks specifically at the users of insurance mediation in New Zealand. While there is clear scope for more insurance mediation, the mediation that does occur is of high quality and users are generally happy with the current state of affairs. There is a strong level of awareness and a commitment to using mediation where appropriate. This contrasts with user research from other jurisdictions. Lawyers play an important role in supporting users in insurance mediation but less important than in many other commercial areas. For those who believe in mediation as a fundamental societal benefit, insurance mediation has not yet reached its potential. For those who see mediation as "only one tool in the dispute resolution toolkit", insurance mediation is operating as well as could be expected. The methodology pioneered in this case study is important for further case studies but the substantive results could well be very different. Empirical research on users of commercial mediation is possible and should now be expanded.