An overview of our processes
NZIAC offers four principal dispute resolution processes: arbitration, mediation, arb-med and adjudication. We also offer other processes such as early neutral evaluation (which can be binding or non-binding). We can tailor a process to the dispute and the parties’ needs.
Arbitration
Arbitration is a formal dispute resolution process where two or more parties agree to submit all or certain disputes between them to an independent person called an arbitrator. Arbitration is entered into by agreement and the process is governed by the Arbitration Act 1996 and the Arbitration Amendment Act 2007.
An arbitrator’s decision, called an award, is binding on the parties and is enforceable as a judgment of the Court.
Related arbitration resources
Mediation
Mediation is a consensual, confidential, and relatively informal negotiation process in which parties to a dispute use the services of a skilled and independent third party called a mediator to assist them to define the issues in dispute, to develop and explore settlement options, to assess the implications of settlement options and to negotiate a mutually acceptable settlement of that dispute which meets their interests and needs.
Generally, any agreement reached will be recorded in writing and will be binding on the parties. Any party to such an agreement may enforce its terms by issuing court proceedings.
Mediation has the advantage of assisting in repairing and/or preserving business relationships where adversarial proceedings may not. Mediation is a particularly effective process in circumstances where there needs to be an ongoing relationship between the parties.
Related mediation resources
Arb-med
Arb-Med is a hybrid dispute resolution process that combines the benefits of arbitration and mediation, including: speed, procedural flexibility, confidentiality, choice of decision maker, ease of access to the tribunal, continuity, finality, and enforceability of the outcome.
The primary objective of Arb-Med is the informed good faith negotiation and settlement of the dispute by the parties, with the initial assistance and efficiency of the Arbitral Tribunal’s information gathering powers, in the context of a formal arbitration process that will immediately resume if the mediation that follows is not successful.
Related arb-med resources
Adjudication
Adjudication provides parties to a dispute with a cost-effective but robust dispute resolution process that results in a determination being made by an independent adjudicator, typically within 35 working days.
Contractual Adjudication offers a proportionate and fast-track dispute resolution process with the primary purpose of improving cashflow, whilst providing quick and relatively inexpensive access to justice, alleviating pressure on the Courts.