Our Services
Medyate – Solution-Focused Disputes Resolution Services
Providing dispute resolution services across New Zealand, both in-person and via audio-visual link.
Mediation
Mediation is a consensual alternative disputes resolution process where an appointed mediator discusses the issues with both sides. The process is conciliatory, rather than adversarial, with the mediator attempting to get each side to an outcome that is acceptable to both parties. The outcome is agreed between the parties, rather than decided by a third party, like an arbitrator. This process often results in quicker, less expensive, resolution of disputes between parties. An agreed mediation outcome can be sued on by either party, if there is non-compliance with the agreement.
Adjudication
Adjudication is a private and confidential statutory dispute resolution process under the Construction Contracts Act 2002. An independent adjudicator is appointed to determine the relative rights and responsibilities of the parties to a construction contract. These disputes are often about payment under the contract, but can also be about whether there has been a breach of a term in the contract. The process is generally quicker and less expensive than court proceedings and arbitration. A party in whose favour an adjudication award has been made may apply to the District Court for entry of judgment on the terms of that award.
Arbitration
Arbitration is a formal dispute resolution process, governed by the Arbitration Act 1996. Arbitrations are often used to resolve commercial disputes between parties to a contract, with an arbitration clause written into the contract. The parties agree on an independent and impartial arbitrator, or one can be appointed by a body such as the New Zealand Law Society, in the absence of agreement. Arbitrations mimic basic court procedure, but can be quicker and less complex. An arbitration award is binding on the parties and can be enforced by the courts.
