Dispute resolution in New Zealand refers to the various methods used to solve a misunderstanding between parties, according to the situation and the type of conflict.
Litigation and alternative dispute resolution in NZ are both used to solve different types of disputes. The experts at our law firm in New Zealand specialize in all available methods and assist clients looking for the one that is most suitable for their particular situation.
Working with a team of experienced lawyers is recommended in commercial and business cases, as well as in the case of family dispute resolution in NZ.
Types of dispute resolution in NZ
The most common methods include negotiation, mediation, arbitration, and litigation. Our New Zealand lawyers briefly describe each type below:
- Negotiation is based on a discussion between the parties, and their efforts to reach a mutually beneficial agreement; in almost all cases, this is the first step in dispute resolution in New Zealand;
- Mediation involves a neutral third party helping the parties come to a resolution;
- For arbitration, a neutral arbitrator will make a decision after hearing both sides;
- Litigation involves taking the dispute to court and having a judge make a legally binding decision.
Mediation and arbitration are considered methods of alternative dispute resolution in NZ and can be recommended in a variety of situations. Examples include contract disputes, business and commercial ones (depending on their type and severity), as well as family law matters such as divorce, asset distributions, and several others that fall under the category of family dispute resolution in NZ.
Each method has its own advantages and disadvantages, and the most suitable approach will depend on the nature of the dispute and the parties involved. A case involving family dispute resolution in NZ will be judged differently from a commercial dispute, therefore, the available and recommended options will be tailored to the particular case.
Irrespective of the chosen dispute resolution method, it should be the one most likely to lead to a fair and satisfactory resolution for all parties. This is why working with our team of lawyers in New Zealand is always advisable for solving different disputes between parties.
Litigation in New Zealand
Whenever parties cannot reach an agreement on their source of dispute, they may bring the case to court. Litigation in the case of civil disputes is common for contract disputes, tax, or property disputes. Litigation can also be an option for family dispute resolution in NZ.
The following courts and tribunals in New Zealand see different types of cases according to the value of the claim:
- The Disputes Tribunal for claims with a value of less than NZ$30,000;
- The District Court handles claims of up to NZ$350,000; it does not have jurisdiction in cases involving will interpretations, judicial reviews, and some cases concerning the recovery of land (with a few exceptions);
- The High Court sees cases with claims over NZ$350,000.
Solutions for alternative dispute resolution in NZ
Parties looking towards amicable dispute resolution can apply for arbitration or mediation, or even arb-med which is a solution that uses both approaches.
The difference between arbitration and mediation is that the former is overseen by a trained arbitrator, while the latter is a process that takes place with the help of a trained mediator. The arbitrator acts akin to a judge, while a mediator assists parties in reaching a collaborative agreement. If you’re looking forward to using one of these methods for family dispute resolution in NZ, our team can give you more details.
Choosing mediation or arbitration for alternative dispute resolution in NZ may prove less expensive and may provide faster solutions.
Business owners looking for different types of services for their company can also rely on the solutions provided by our accountants in New Zealand.
Contact us for more information about how our attorneys in New Zealand can assist you with dispute resolution.