Alternative Dispute Resolution

Brookfields is broadly experienced in both litigation and alternative dispute resolution (ADR) encompassing negotiation, mediation and arbitration, and other variations such as expert determination and mini trials. ADR processes can be applied in a wide range of disputes including commercial matters, property and resource management disputes.

Our team is led by David Neutze, LEADR accredited mediator and member of the Arbitrators and Mediators Institute of New Zealand (AMINZ). All our litigators are experienced in mediation in particular and resolve most claims by mediation or negotiation.

Examples of ADR include:

  • Facilitation: a neutral third person assisting a group of people to identify problems to be solved, tasks to be accomplished, or disputed issues to be resolved. Facilitation may conclude there, or it may proceed, like mediation, with the parties endeavouring to reach agreement.
  • Mediation: conducted confidentially, in which an impartial person, facilitates communication between parties to promote reconciliation, agreement, or understanding among them. The parties have ultimate control of any decision to settle a dispute or difference and the terms of resolution.
  • Independent Expert Appraisal/Determination: the parties appoint the expert to investigate the issues in dispute. The parties agree whether the expert opinion is to be binding or non binding.
  • Settlement conferences: Conference in Chambers presided over by a Judge for the purpose of negotiating a settlement of the proceeding or any issue in the proceeding.
  • Arbitration: a private decision making process. The parties agree to arbitrate and agree on evidence and procedure. The arbitrator decides the dispute based on legal rights and entitlements. The decision is final and binding and can only be revisited by the Courts in very limited circumstances.

If a settlement is not achieved by using an ADR process, we will give realistic and sound advice on the options for litigating in the court system.

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Auckland Office: +64 9 379 9350

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Email: law@brookfields.co.nz

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