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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.

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.

Employers are increasingly turning towards in-house dispute resolution systems to manage workplace conflict, and with good reason. In August 2014, Fair Way 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.

Have you ever wondered about what sort of organisation it is that you work in, and how different sorts of organisations approach conflict in different ways? Well, I’ve thought about it a lot, and this is what I have found and experienced.