Do both parties need to agree to participate?
Yes, parties who wish to access mediation or arbitration services must agree to do so. If the parties already have an agreement to arbitrate or mediate in their lease document, they may still need to enter and agreement to use NZDRC services. You can download a template agreement from our website: Download Agreement to Mediate | Download Agreement to Arbitrate.
What if the other party does not agree?
If the other party does not agree to use NZDRC’s special fixed fee service, you may want to seek independent legal advice to see what your options may be. You may have a dispute resolution clause in your lease that gives you a contractual right to arbitrate or mediate.
Does my dispute qualify for the special fixed fee service?
A dispute is a qualifying dispute if the dispute is about the payment of rent and outgoings where the lessee to the lease has experienced a material loss of revenue during a lockdown period because of government restrictions put in place to combat COVID-19.
What if I do not qualify for the special fees?
NZDRC also provides comprehensive commercial arbitration and mediation services for parties to commercial lease disputes including, for example: disputes over rent renewals, reinstatement of premises, and repair, replacement and maintenance of the property, premises, fixtures, and fittings. Talk to one of our registrars to find out more about these services.
How soon can the mediation be arranged?
We can appoint a mediator within 24 hours and set a mediation date as soon as the parties can make themselves available.