Chapter

Mediation in New Zealand: Widely Accepted and Successful

Heyo Berg

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0021
Mediation in New Zealand: Widely Accepted and Successful

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In New Zealand, alternative dispute resolution (ADR) is an important integral part of the judicial system. There is no general mediation statute, but mediation provisions have been incorporated into more than 60 statutes. Some statutory mediation rules are rudimentary; others contain a detailed procedural framework for mediation, such as in areas like family, employment relations and tenancy law. Conflicts in a vast variety of matters can be referred to mediation by the ordinary courts or diverse tribunals empowered with court like functions. Access to state-managed mediation services is simple and inexpensive. Some acts require the parties to take part in mandatory settlement procedures before they are permitted to commence adversarial proceedings. Mediation services are rendered by public institutions in areas such as employment and tenancy disputes, by judge-led mediation conferences in family disputes or by private mediators. Private mediators are organised into several professional organisations that accredit mediators and arbitrators by their own standards.

Keywords: mediator; New Zealand; settlement; alternative dispute resolution; family law; employment relations law; tenancy law; mediation services; costs

Chapter.  16113 words. 

Subjects: Comparative Law

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