AMINZ Protocols, Procedures and Guidelines

AMINZ provide Protocols, Procedures and Guidelines for dispute resolution providers and parties.

 

AMINZ Protocols

AMINZ provides the following Protocols are designed to provide a method of operation for dispute resolution providers and parties. They may be adopted or varied by agreement between the parties.

 

Arbitration Protocol

An arbitration is a dispute resolution process which is embarked upon by agreement between the parties. The dispute or differences between the parties are referred to one or more persons who are appointed by the parties to make an independent and impartial decision. The objective of the arbitration process is to resolve differences or disputes quickly and economically without the need to issue proceedings through the Court. This protocol is designed to provide a method of operation for arbitrators and parties. It may be adopted or varied by agreement between the parties. All arbitrations will be accordance with the Arbitration Act 1996.

Adjudication Protocol

This Protocol provides an explanation of the adjudication process. Parties seeking to refer disputes to adjudication, and adjudicators determining disputes, should refer to and rely on the Act, rather than the guidance of this protocol.


 

Mediation Protocol

The objective of mediation is to enable the parties to resolve the dispute fairly and promptly by agreement without legal proceedings. This protocol is intended to form part of the contract between the parties and the mediator. The Arbitrators’ and Mediators’ Institute of New Zealand Inc. maintains a panel of mediators, which is available on the website at www.aminz.org.nz, and can, if requested, assist the parties in selecting a mediator.

Any part of this protocol can be varied by agreement of the parties and the mediator.

Conciliation Protocol

The Conciliation Protocol covers the three parts of contracts and agreements under the Sharemilking Agreements Act 1937 and the Sharemilkers Agreements Order 2011 being contractual arrangements in the New Zealand dairying industry; the definition of conciliation, and the draft Conciliation Agreement.





 

Professional Supervision Protocol

Professional Supervision is a form of professional development. Professional Supervision may include or be used in conjunction with, and to enhance and compliment, other forms of professional development, such as debriefing, mentoring, consulting, and training.

Professional supervision aims to

  • enhance professional development and strengthen competency

  • improve the standard and delivery of best and safe practice

The purpose of supervision is the development of the dispute resolution practitioner by empowering and enabling, rather than by assessment, monitoring or oversight of practice.

 

Procedures and Guidelines

 

Guidelines to Awarding
Costs in Arbitration

The treatment of costs and expenses in arbitration has, at times, been problematic; not least because of the legal costs involved in pursuing disputes through arbitration. The purpose of this guideline is to assist arbitral tribunals in dealing with the issue of fixing and allocating costs as part of their awards under Articles 31 & 33 of Schedule 1 of the Arbitration Act 1996.

Family Dispute Resolution
List Guidelines

The Arbitrators & Mediators Institute of New Zealand (AMINZ) has been appointed as an Approved Dispute Resolution Organisation (ADRO) by the Secretary of Justice. We are tasked with assessing and appointing practitioners who are suitably experienced, qualified and competent to be Family Dispute Resolution (FDR) Providers.

 

Environment List
Criteria and Procedure

The List of Environment Dispute Resolution Professionals is established by the Institute's Council, under By-Law 10, for the purpose of providing a list of appropriate members for resolving disputes in the environment sector. All applications shall be submitted to the Council for approval.

Intellectual Property Panel Criteria and Procedure

The List of Intellectual Property Dispute Resolution Professionals is established by the Institute's Council, under By-Law 10, for the purpose of providing a List of appropriate members for resolving disputes in the Intellectual Property sector. All applications shall be submitted to the Council for approval.

 

National Panel of
Conciliators Criteria

The National Panel of Conciliators (“the Panel”) has been set up to resolve disputes under the Sharemilking Agreements Order 2001.

The Selection Committee invites applications from suitably qualified and experienced conciliators to be appointed to the Panel.

Panel of Mediators Criteria
and Procedure

Bylaw 10 provides for each panel to “contain the names of members considered in terms of these By-Laws to be suitably qualified and experienced to serve on that panel”.


 

Family Law Arbitration List Criteria and Procedure

The Family Law Arbitration List is established by the Institute's Council, under By-Law 10, for the purpose of providing a list of senior members for arbitrating family law disputes. All applications will be submitted to the Council for approval.

Rural List Criteria and
Procedure

The List of Rural Dispute Resolution Professionals is established by the Institute's Council, under By-Law 10, for the purpose of providing a list of appropriate members for resolving disputes in the rural sector. All applications shall be submitted to the Council for approval.

 

Guide to Arbitration

This Guide is intended to give some idea of the law relating to arbitration and to indicate the procedures to be followed in the conduct of an arbitration. However, it is no more than a guide and those who are embarking on an arbitration should always take advice from professionals experienced in arbitration.


Guide to Mediation

Mediation is a consensual process in which an independent and impartial person, the mediator, works with disputing parties to help them explore and, if appropriate, reach a mutually acceptable resolution of some or all of the issues in dispute. The mediator has no decision-making authority regarding the outcome - the mediator therefore has no power to impose a settlement, and should not seek to do so.