What is Dispute Resolution

Dispute resolution refers to all processes that are used to address disputes. It includes all dispute resolution methods and approaches from early resolution through to formal tribunal or court processes.

Disputes can involve:

• individuals (eg, neighbours in dispute over a shared driveway)

• companies (eg, an employee in dispute with an employer)

• sometimes the government itself (eg, a company challenging a decision by a government agency).

In all these situations, the parties involved generally have a range of options for managing or resolving the dispute. They may try to:

• resolve it themselves

• agree to use a third party to help them (eg, privately contract with a mediator)

• use a process provided by government (eg, a government mediation service, tribunal or ombudsman)

• use a process provided by the private sector (eg, an industry body).

In some circumstances, the formal court system may be an appropriate channel or a last recourse when other approaches have been unsuccessful.

Why use Dispute Resolution

Dispute resolution processes have several advantages. For instance, many dispute resolution processes are cheaper and faster than the traditional legal process. Certain processes can provide the parties involved with greater participation in reaching a solution, as well as more control over the outcome of the dispute. In addition, dispute resolution processes are less formal and have more flexible rules than the trial court.

Why dispute resolution is important

Disputes are damaging, expensive, and time consuming. They affect individuals, communities, organisations, government, and the economy. Preventing disputes, and resolving disputes earlier and more effectively, benefits New Zealand and the economy.

Dispute resolution processes

The ways of dealing with disputes in New Zealand have changed in recent decades in response to a range of social and other changes. There has been a search for more cost-effective and quicker alternatives to traditional court-based resolution, particularly for civil disputes.

These alternative approaches have responded to the need for:

• more flexibility and less formality

• privacy and confidentiality

• more specialised and innovative solutions

• greater participant involvement and empowerment

• early resolution.

They can often achieve faster outcomes at a lower cost. Parties are also more likely to be satisfied with the result and compliance rates are likely to be higher, so less enforcement should be required.

How can we help?

AMINZ is named as an appointing authority in numerous pieces of legislation and also in a number of industry standard form contracts. AMINZ was chosen by the Ministry of Justice to be the default appointing authority to make appointments instead of the New Zealand High Court, it chose AMINZ.

AMINZ members range from Arbitrators, Adjudicators, Mediators, Conciliators, Experts, and more, they are experts in their fields and can assist in resolving disputes between parties.

If you are currently considering dispute resolution or are in a dispute, you can search through our panel and lists and choose the right person for you. Alternatively, you can request AMINZ to appoint a member on your behalf.