Important COVID-19 Update: specialist service launched for commercial lease disputes

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9 April 2020: In light of increasing demand, NZDRC has today launched a new reduced cost and fixed fee arbitration and mediation service to assist parties to commercial leases who find themselves in a dispute as to their payment obligations due to the ongoing lockdown.

Further information may be found here or by contacting our Registry staff.

He waka eke noa.

Initiating Mediation

 

Before proceeding, the parties will need to agree to mediate using the NZDRC Mediation Rules. This can be done in one of two ways:

 

  • there may be a clause in the contract under which the parties’ dispute has arisen which states that the parties have agreed to mediate under the NZDRC Mediation Rules, for example:
Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, shall be referred to mediation in accordance with the Mediation Rules of the New Zealand Dispute Resolution Centre.

or

  • parties to an existing dispute, whether or not there is a mediation clause in any underlying contract, may agree to refer that dispute to Mediation under the Mediation Rules of the New Zealand Dispute Resolution Centre by signing the Mediation Agreement at Appendix 2 to the NZDRC Mediation Rules.


NOTE: if a party is relying on the Mediation Agreement found in a clause in the underlying contract, they will need to serve a Notice of Mediation on the other party or parties to the dispute prior to applying for Mediation. This is not required where the parties have signed the NZDRC Mediation Agreement.

NZDRC is offering a special fixed fee mediation service to assist parties to commercial leases who find themselves in a dispute as to their payment obligations due to the COVID-19 lockdown. For more information, please contact our Registry staff or, if you are ready, complete the application below:

 If the parties have agreed to mediate and you are ready to proceed, simply complete our online application form for the appointment of a mediator

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