Alternative Dispute Resolution

We can assist you with Alternative Dispute Resolution (ADR). The common ADR processes are negotiation, mediation, arbitration and adjudication. Often times, disputes whether at court or pre-court are capable of early resolution through ADR. The use of ADR in the course of the case management process is encouraged by the Courts in New Zealand.

ADR offers a range of benefits such as:

Reduced time and costs in dispute
Allows expeditious resolution by greater participant involvement
Ability to develop a range of solutions satisfactory to the parties (even those solutions which the Court may not be able to direct as a remedy)
Settlement terms recorded in agreements that can be enforced
Procedural flexibility and less formality when compared to Court proceedings
Satisfactory outcome with strong compliance by parties
More privacy and confidentiality
Preserving relationships between parties

Negotiation

Negotiation is usually the first step in resolving a dispute. The parties themselves or with their lawyers communicate with each other, discuss the issues and reach a resolution. They decide the process and outcome. It is fast, cost-effective, informal and flexible. It offers amicable resolution of disputes where both parties benefit by agreeing on terms favourable to them. This process focuses on mutual gain and allows parties to preserve their relationship.

Mediation

Mediation is another form of ADR where a neutral third party commonly referred to as a mediator facilitates discussion between the parties and assists them in negotiating a mutually workable solution. The mediator assists the parties in identifying and defining the issues, consider relevant information, discuss settlement options and negotiate a mutually beneficial mediated agreement. It is informal and allows parties to reach flexible solutions relatively faster.

Arbitration

Arbitration is when the parties to a dispute agree for a third party commonly referred to as an arbitrator who is independent and neutral of the parties to hear and determine the dispute. This is a contractual method to dispute resolution where the terms of the contract reached between the parties govern the parties’ rights and obligations in the event of a dispute including referring the dispute to arbitration for settlement. The arbitrator has the power to make a binding and enforceable decision. Although it involves process and procedure for presenting legal arguments, adducing evidence and calling witness, it still offers parties a degree of control and procedural flexibility in tailoring those rules to their convenience. It is cost-effective than Court litigation and often used in commercial disputes.

Adjudication

Adjudication is fast track dispute resolution process commonly used to resolve building and construction disputes. The Construction Contracts Act prescribes statutory adjudication as a quick method of dispute resolution. It involves fast, cost-effective and straight-forward statutory process. An adjudicator deals with the adjudication by hearing evidence and makes an interim decision which will be binding unless later overturned by a court judgement.

Advice you on whether your matter is capable of early solution
What method of ADR is better suited to your case
At what stage should ADR be considered
Costs of preferred ADR process
The benefits of ADR in your matter