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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.

The last thing that anyone in Canterbury needs right now is a situation where they are worried about whether or not the home they have planned for and dreamed of owning is compromised by the liquidation of a building company.
Months of training and strong performance under pressure has earned a University of Auckland team silver place at this year’s International Commercial Mediation Competition in Paris. Congrats to these brilliant students from University of Auckland Law School who reach world finals of mediation advocacy competition! FairWay is proud to be their sponsor!
Mediators have much to learn from scientists’ way beyond understanding the neuroscience which impacts on how individuals in conflict might behave as a result of the external pressures in their lives. The importance of what mediators do is up there with the scientists working on Einstein’s theory because the impact on people is huge and important. Mediators do not have the luxury of 100 years so they must work harder and smarter to achieve results for the people they work with. With a skilled mediator by our sides, instead of the fear and pain we expect, that collision can create entire new worlds and expand possibilities that we could not have considered previously.