Arbitration

Arbitration is a quick and private court-like process

Arbitration is often a good option for building and construction disputes. If your contract lists arbitration within its dispute resolution clause, Fair Way can appoint an independent person to decide on the issue or issues.

If you aren’t sure, we can review your contract and advise on the dispute resolution process best suited for your situation.

Arbitration is quite a flexible process that can have a narrow or wide focus, depending on your needs. If all parties agree, it can be used for a range of issues – for example, an arbitrator can consider the impact of delays and then award damages. In all, it’s a quicker, cheaper and more private alternative to court.

How it works

  • Get in touch

    Tell us about your situation and find out how we can help.

    Phone: 0800 77 44 02

    Email: build-disputes@fairwayresolution.com

    Online: webform

    Fair Way guides you through the process of:

    • engaging the other party
    • appointing an arbitrator.
    Get in touch Contact
    Get in touch

  • Case conference (if required)

    If necessary, a case conference is arranged to meet with the arbitrator to:

    • define the issues
    • agree next steps
    • establish a timeframe.
    Conference

  • Arbitration

    All the parties involved provide:

    • information
    • evidence
    • submissions.

    Depending on the process agreed, the arbitrator may arrange a hearing for you discuss these materials, or they can make their decision ‘on the papers’, so based on the information provided.

    Adjudication Arbitration Review

Arbitration with Fair Way

  • Why use Fair Way?

    Fair Way are experts in dispute resolution. We have a team of professionals across Aotearoa New Zealand who can help you navigate building disputes and the challenging conversations needed so you can move forward.

    We offer a fast and independent service so you can resolve disputes quickly and move on.

  • How does it work?

    Arbitration is like having a private judge. It’s a formal process where an independent person makes a decision on a dispute, governed by the Arbitration Act 1996.

    By agreement, you decide on the process, timeframes and rules, with the assistance of the arbitrator.

    Fair Way manages the process throughout, guiding you through the steps and keeping you on track.

  • How much does it cost?

    When you get in touch, we discuss your situation, the process and likely costs. Depending on your circumstances, we may recommend an hourly rate based on the time required, or a fixed fee for a set process.

    One party may offer to cover the dispute resolution costs, or the costs can be shared between the parties.

  • How long is it?

    Arbitration is a quick process. A decision can be made within a few weeks.

  • Who can arbitrate?

    Our team of arbitrators are experienced in building matters and accredited by a professional body, such as the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the Resolution Institute or the NZ Law Society. Many also have legal qualifications. Depending on your needs and situation, we can recommend the best fit for you.

  • What are the benefits?

    Quick – arbitration processes can be completed far more quickly than court hearings, with many cases determined within a few weeks.

    Cost effective – significantly cheaper than involving lawyers or court proceedings.

    Choice – arbitration is flexible process. By agreement you choose the arbitrator, the process and rules, timeline, scope of issues, and evidence considered.

    Privacy – all matters discussed are confidential and remain private.

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