Types of Dispute Resolution
There are many ways you can resolve disputes
Adjudication
Adjudication usually refers to adjudication of construction cases pursuant to the Construction Contracts Act 2002.
The Construction Contracts Act came into force on 1 April 2003. The Act provides quick and simple dispute resolution procedures and remedies for construction payment claims and building defects.
Arbitration
Arbitration involves the private determination of a dispute, by an independent third party .
Arbitration is a process for the settlement of disputes in which an independent and impartial arbitrator makes a decision after considering the representations of the parties. The arbitrator's decision is called an award and is normally final and binding on the parties. The award is written and is enforceable by the courts.
Conciliation
Conciliation usually refers to conciliation of share-milking disputes.
Conciliation is a process in which the parties to a dispute, with the assistance of a neutral conciliator, identify the issues, develop options and try to reach agreement.
A conciliator may have an advisory role on the content of the dispute or the outcome, but not a determinative role.
Mediation
Mediation involves an independent person, a mediator, who helps you to resolve your disputes.
Mediation is a confidential and consensual dispute resolution process in which an independent and impartial mediator facilitates negotiation between the parties to assist them to resolve their dispute. Neither the parties nor the mediator are limited by rules of evidence.
The mediator is not a decision-maker, and the process is based on achieving co-operation between the parties. The mediator assists the parties to make their own decisions and agreements. The mediator's role is to guide the process so that the issues can be defined, the relevant information produced and options explored without undue delay or legalistic procedures.
Negotiation
Negotiation is the simplest way for disputing parties to sort out problems together.
Negotiation is a process of communication in which parties or their representatives work to reach agreement. Negotiation may or may not settle or resolve the dispute, but it should be the first step taken toward achieving a resolution.
If you have tried negotiating and it hasn't worked, contact us to find a dispute resolution professional who can help you.
Expert Determination and Expert Witnessing
An expert determiner is anyone with knowledge of, or experience in, a particular field or discipline and expertise in making decisions.
An expert witness is an expert who makes his or her knowledge and experience available to a court or other judicial or quasi-judicial bodies.
AMINZ is a central point where you can find appropriate expert determiners. We are currently working on a stand alone list of experts in various fields.
Family Dispute
Resolution
Family dispute resolution is a first step for many disputes involving the care and contact of children. To gain access to the Family Court for issues of care and contact, legislation now requires most disputing parties to attempt family dispute resolution - mediation for family cases. There are exceptions to this - where there are issues of violence, where a party is trying to remove a child from New Zealand, for example. AMINZ has been appointed by the government as an Approved Dispute Resolution Provider. This means that we provide the qualification for people to become Family Dispute Resolution Providers. These people are expert in mediation and family issues.
Family Law
Arbitration
Family law arbitration is a form of private dispute resolution in which the parties enter into an agreement to arbitrate. They appoint a suitably qualified person, an arbitrator, to make a decision, called an award, after hearing each party's case. Family law arbitration can be used to resolve all kinds of property disputes. The authority for family law arbitration derives from the Arbitration Act 1996 and an agreement to arbitrate.
Farm Debt
Mediation
The Farm Debt Mediation Scheme helps farmers and other primary producers struggling with debt.
The scheme uses neutral and independent mediators to help farmers and their creditors work through debt issues.
The aim is to provide a negotiation process that is: structured confidential impartial.
