Articles and News

NZDRC publishes articles and papers prepared by leaders in dispute resolution practice.

Should you have an article or paper you would like to be considered for publication on this page or in ReSolution, please contact the editor.


Neutral Evaluation Tile Image (ID 49397)-175Neutral Evaluation Revisited
Royden Hindle, 3 May 2017

A review of the little-used early neutral evaluation process, commenting on the potential of this process for the efficient resolution of commercial disputes.

Read the full article here (pdf)
New Zealand considers further arbitration reforms (article art) (ID 44536)-872
New Zealand considers further arbitration reforms
John Green, 19 April 2017

On 9 March 2017, MP Paul Foster Bell introduced a Private Members' Bill to amend the Arbitration Act 1996 aimed at ensuring arbitration clauses in trust deeds are given effect, the presumption of confidentiality in arbitration is extended to a rebuttable presumption; the grounds for setting aside an award to be more clearly defined; and to confirm the consequence of failing to raise a timely objection to jurisdiction.
Chapman Tripp NZ - Supreme Court supports arbitration agreements - 22 December 2014
By Daniel Kalderimis, Adam Ross and Jack Hodder QC. 
Zurich Australian Insurance v Cognition Education [2014] NZSC 188, delivered on 19 December, is the Supreme Court’s third arbitration decision and its second this year. In June, the Court had set aside an arbitration award on the basis that the parties had invalidated their arbitration agreement through a drafting error. This raised fears in some quarters that the Court may be inclining towards a technical, or even paternalistic, approach to supporting arbitration. Those fears have been mollified in Zurich v Cognition. 
See full article on the Chapman Tripp website.

Arbitrators as Employees (ID 43929)-456Arbitrators as Employees
Amokura Kawharu and Aparna Jain, October 2011

A discussion on Jivraj v Hashwani [2010] EWCA Civ 712, in which the English Court of Appeal held that an arbitrator was an employee for the purpose of UK anti-discrimination legislation. 
Read the full article
Auckland District Law Society Conference - Commercial Mediation: Top Tips for Best Outcomes
July 2008

John Walton, Deborah Clapshaw and Maria Dew.
Read the full article (PDF)


Using your Emotional Intelligence to Advantage in Mediation 

Sandy Hollis and Deborah Clapshaw 

Read the full article (PDF)


Should Mediation be the First Step in all Family Law Act Proceedints{5} tile image (ID 51627)Should Mediation be the First Step in All Family Law Act Proceedings?
Judge Harman
Read the full article (PDF)
NZDRC Launch
12 November 2010

The New Zealand Dispute Resolution Centre (NZDRC) was officially launched in Auckland last Thursday at a function hosted by major law firm, Simpson Grierson. Speaking at the launch, the Hon Peter Salmon QC described NZDRC as “a private civil justice service with its own registry” and “a truly innovative and comprehensive enterprise.” 

Read more and see photos of the event.


Towards Understanding and Resolving Conflict:  Franchising in New Zealand 2011
Dr. Susan Flint-Hartle, School of Economics and Finance, Massey University.
Read the report
Also see ReSolution Issue 3 for a brief article on this report.
20 ways to sabotage your mediation - deborah clapshaw (ID 43953)-828Twenty Ways to Sabotage your Mediation
Deborah Clapshaw

A quick run through a number of pitfalls to avoid when engaged in mediation.



 
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