Do both parties need to agree to participate?
Yes, parties who wish to access mediation or arbitration services must agree to do so. If the parties already have an agreement to arbitrate or mediate in their lease document, they may still need to enter and agreement to use NZDRC services. You can download a template agreement from our website: Download Agreement to Mediate | Download Agreement to Arbitrate.
What if the other party does not agree?
If the other party does not agree to use NZDRC’s special fixed fee service, you may want to seek independent legal advice to see what your options may be. You may have a dispute resolution clause in your lease that gives you a contractual right to arbitrate or mediate.
Does my dispute qualify for the special fixed fee service?
A dispute is a qualifying dispute if it can be described as a low complexity dispute related to the measures imposed by the government as a response to the COVID-19 pandemic. A qualifying dispute typically has only one or two issues in dispute, and involves a limited number of documents and submissions as supporting evidence.
What if I do not qualify for the special fees?
NZDRC also provides comprehensive arbitration and mediation services for disputes of high complexity that may require a large volume of submissions and/or a hearing, in the case of arbitration. Talk to one of our registrars to find out more about these services.
How soon can the mediation be arranged?
We can appoint a mediator within 24 hours and set a mediation date as soon as the parties can make themselves available.