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When employment relationships take a turn, there can often feel like there is no way back. However, mediation can be a powerful tool in rehabilitating working relationships. To do this, the mediator creates an environment which allows people to be both authentic and to express themselves in ways that are appropriate and do not result in recrimination or further negative conflict. Instead of the parties being locked into defending positions and holding themselves back, they feel comfortable expressing themselves and are open to other viewpoints. It’s about feeling safe enough to be vulnerable.
The story in the Dominion Post about the Wellington landlord discovering that his house had been trashed by tenants whilst his property was being managed by a Property Management company highlights several issues for landlords who instruct property management companies or services to look after their investments.
The Ministry of Business, Innovation and Employment (MBIE) is reviewing the Financial Advisers Act 2008 (FA Act) and the Financial Service Providers (Registration and Dispute Resolution) Act 2008 (FSP Act).
Building and Construction is an industry where both leadership and team work is essential. It is hard work whether you are the main contractor on a project or any of the many sub-contractors. Ensuring that you are paid for your work is essential. It takes nerves of steel to commit thousands and sometimes millions of dollars of work on a promise of payment contained in a contract.
Stop me if you’ve heard this one before. Someone has a great idea for a web app. She tells a marketing whiz acquaintance about it. Together, they decide that they can sell the app and live off the income. They form a company and create a number of legal and business agreements. The rest, they figure, they can make up as they go along. This strategy worked while the app was selling and there was plenty of money and distraction.
Your client seeks your advice on what to do about her dispute. She went on an overseas holiday three months ago and received a mobile phone bill for $14,000, which she refused to pay. She admits using her phone while on holiday, but says she only made around ten calls and sent and received fifty or so text messages – which could not have amounted to anywhere near $14,000. Her provider was adamant that she was responsible for the roaming charges for calls and data amounting to $14,000, and handed the matter to a debt collection agency.
Two parties are in dispute. A claim for breach of contract. A service delivery failure. An allegation of wrongdoing. The dispute will be resolved through an industry dispute resolution scheme, mediation, negotiation, other forms of ADR or the courts, and the law will provide the framework. However, it is the facts that are – in a word – everything. While the law provides the structure, it is the facts that determine who can claim, what they can claim and, for the most part, the outcome.
Court-related or court-administered alternative dispute resolution (“ADR”) can include both ADR processes which are a mandatory part of the pre-trial process and ADR processes which are facilitated or offered by the court with the consent of the parties. Such processes are embedded in the United States civil justice system, while their use in ordinary civil proceedings in New Zealand is far more limited.

The Care of Children Act expressly states as one of its purposes is to recognise that children have rights and that a child’s best interests and welfare must have paramountcy when decisions about children are being made.