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The recipient of the inaugural $10,000 FairWay Resolution Anne Scragg Scholarship for 2015 is Matthew Gale from Auckland. Currently a Master of Laws candidate at the University of Pennsylvania Law School in Philadelphia, Matthew’s entry for the award entitled “Mediation and the Civil Justice Gap” explored the interplay between courts, alternative dispute resolution (ADR) and the challenges associated with a surging tide of people looking for justice.
By now everyone in the judicial branch in every state knows that we are experiencing an explosion of unrepresented persons appearing in the courts of general jurisdiction of this country. We know that they impose major burdens on judges, court staff, and on court processes.
In early 2014, the Ministry of Justice launched Family Dispute Resolution (FDR) as a new out-of-court service for families needing assistance in reaching care arrangements for children. FDR encourages parents - with the assistance of a specialist mediator - to resolve care arrangements themselves. The Family Dispute Resolution Act 2013 (“FDR Act”) provides for exemption from attending FDR in certain circumstances, and the Operational Guidelines issued by the Ministry of Justice categorises parents in prison as being exempt. If a party is exempt from FDR then the option for them is to make an application to the Family Court for a Parenting Order.
In short, mediation may be a helpful tool to assist the FMA in meeting its regulatory objectives in taking civil enforcement proceedings. Given the changing regulatory environment, the FMA’s risk and harm based approach to enforcement,20 and the FMA’s desire to continue to use the appropriate regulatory response to harm,21 mediation may play a useful role in facilitating settlements and its use should be encouraged in appropriate instances.
Nationwide conflict management and dispute resolution specialist, FairWay Resolution Limited has announced that it has launched a workplace conflict management service.
Much has been written concerning the role of technology within Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) in recent years. The ubiquitous nature of technology within society and business presents many questions within the industry. As technology continually advances it becomes a necessity to better understand how this impacts our industry and how we can best adapt in the face of technological change. The use of video technology in mediations and other dispute resolution forums has already begun in New Zealand and its use will continue to increase to meet the needs and demands of consumers.
Jay Clarke is a mediator at FairWay Resolution who has been working in dispute resolution for over thirty years, and working in people-related fields for longer still. His list of credentials is long; ranging from training in marketing, business, law, dispute resolution, and (naturally), mediation. Jay has been involved with the University of Auckland, Director of Auckland Mediation & Advocacy Services Ltd, Mediator Medical Council, Lawyer's Disciplinary Tribunal, Mediators’ Institute of New Zealand Inc, Auckland District Licensing Committee and the Arbitrators’ and Mediators’ Institute of New Zealand.
Employers are increasingly turning towards in-house dispute resolution systems to manage workplace conflict, and with good reason. In August 2014, FairWay released its research on workplace conflict in New Zealand. Surveying a cross-section of 740 employees from the public and private sector in a range of industries, the research showed that 25% of them had experienced workplace conflict in the last year. Employees’ most common reaction to conflict is anger/frustration (83%), followed by stress (57%), anxiousness/nervousness (47%), loss of self-esteem (25%), and trouble sleeping (25%). Becoming sick or drinking more alcohol were less common, but still significant responses.
The United Nations Convention on the Rights of the Child outlines the responsibilities of parents, governments and children to ensure that the rights of children and young people are upheld wherever possible in situations concerning them. These responsibilities are guided by a fundamental principle that laws and actions affecting children should put their interests first and benefit them in the best possible way.