Dispute Resolution is a collective term for processes for
Dispute Resolution processes have many advantages
- ability to tailor the process to the dispute
- choice of dispute resolver
- empowering the parties
- cost effectiveness
- ability to enhances relationships, including business
Dispute resolution processes are:
Arbitration is a process for the settlement of disputes in
which an independent and impartial arbitrator makes a decision
to settle a dispute after considering the representations of
the parties. The arbitrator's decision is called an "award" and
is normally final and binding on the parties. The award is
written and is enforceable by the courts. The Arbitration
Act 1996 contains statutory provisions that govern the
Mediation is a confidential and consensual dispute
resolution process in which an independent and impartial
mediator facilitates negotiation between the parties to assist
them to resolve their dispute. Neither the parties nor the
mediator are limited by rules of evidence.
The mediator is not a decision-maker, and the process is
based on achieving co-operation between the parties. The
mediator assists the parties to make their own decisions and
agreements. The mediator's role is to guide the process so that
the issues can be defined, the relevant information produced
and options explored without undue delay or legalistic
When a dispute is resolved in mediation, a written agreement
which sets out the outcomes of the issues that have been
resolved at the mediation is signed by the parties.
The simplest way for disputing parties to sort out problems
is to negotiate a satisfactory solution. Negotiation is a
process of communication in which parties or their
representatives work to reach agreement. Negotiation may or may
not settle or resolve the dispute, but it should be the first
step taken toward achieving a resolution.
Facilitation is a process which is similar to mediation but
is more flexible. A facilitator can assist parties to resolve a
dispute by negotiation, consultation, information-gathering and
problem-solving. A facilitator works with parties to assist in
managing communication and potential conflict thereby
preventing the escalation of conflict. A facilitator will not
provide answers; rather a facilitator will ask questions,
assist people to reach increased understanding and assist
people to find answers for themselves and make decisions for
Conciliation is a process in which the parties to a dispute,
with the assistance of a neutral conciliator, identify the
issues, develop options and try to reach agreement. A
conciliator may have an advisory role on the content of the
dispute or the outcome, but not a determinative role.
AMINZ administers the National Panel of Sharemilking
Conciliators under the Sharemilking Agreements Order 2001.
Investigation is a dispute resolution process which may be
carried out in response to an allegation or complaint. An
investigator works within the policies and procedures of the
organization involved. After fully investigating a complaint or
allegation an investigator submits an objective report which
includes the investigators conclusions and any recommendations.
The investigator is not a decision-maker but rather is engaged
to provide objective information to assist a
An expert is instructed by the parties to investigate and
use his or her own expertise to determine the issues in
dispute. The expert may make a determination with or without
submissions from the parties and acts within the terms of
reference set out by the parties.
The Construction Contracts Act 2002 came into force on 1
April 2003. The Act provides quick and simple dispute
resolution procedures and remedies for payment claims and
building defects under construction contracts.
AMINZ is an authorised nominating authority under the
Construction Contracts Act 2002. After serving a Notice of
Adjudication under Section 28(2) of the Act, a party may
request AMINZ to nominate an adjudicator.
All experts in the above areas can be
found on our website:
All of the professionals on AMINZ
mediation and arbitration panels are trained, credentialed
and experienced in specific areas of dispute resolution.