Appointing a mediator

If there is no resolution of the dispute by negotiation, the parties may agree to appoint an independent mediator.

Mediation is a voluntary process where the parties contribute to the decisions and any settlement agreement is binding on the parties. The mediation must be conducted in New Zealand in accordance with New Zealand law and the current AMINZ Mediation Protocol(external link).

The mediation can be scheduled by telephone or face-to-face discussion and is quicker and less costly than using the courts to resolve disputes.

The parties agree on a suitable person to act as mediator or ask the Arbitrators’ and Mediators’ Institute of New Zealand Inc (AMINZ) to appoint a mediator.

Costs

The costs of mediation will be shared equally between us.

Continuing obligations

While any dispute is being resolved we will continue to perform our respective obligations.

Right of appeal to the District Court not affected

Where possible, CHPs are encouraged to resolve disputes with us as they arise rather than through the courts. However, applicants also have the right to appeal to the District Court against a decision by CHRA relating to registration.

Registered CHPs also have a right of appeal to the District Court against a decision by CHRA appointing a person to the registered CHP’s governing body or giving binding instructions to the registered CHP.