This is a specialisation of Alternative Dispute Resolution practice area

Understanding Alternative Dispute Resolution: Conciliation in New Zealand

Alternative Dispute Resolution (ADR) is a way to solve disagreements without going to court. One important part of ADR is called conciliation. This method is often used in New Zealand to help people and organisations resolve their issues in a friendly and constructive way.

What is Conciliation?

Conciliation involves a neutral person, known as a conciliator, who helps both sides talk about their problems. The conciliator listens to each side and encourages open communication. Their goal is to help the parties find a solution that works for everyone.

How Does It Work?

In New Zealand, conciliation can be used in various situations, such as:

  • Workplace Disputes: If there is a disagreement between an employee and employer, a conciliator can help them discuss their issues and find a way to move forward.
  • Family Matters: In family disputes, such as child custody or property division, conciliation can help families reach an agreement without the stress of a court battle.
  • Community Issues: Neighbours may have conflicts over property boundaries or noise complaints. A conciliator can help them communicate and resolve their differences amicably.

Benefits of Conciliation

There are several advantages to using conciliation:

  • Cost-Effective: Conciliation is usually cheaper than going to court.
  • Faster Resolution: Issues can often be resolved more quickly than through the court system.
  • Confidential: The discussions in conciliation are private, which can help protect the parties' reputations.
  • Control: The parties have more control over the outcome, as they work together to find a solution.

Conclusion

Conciliation is a valuable tool in New Zealand's legal system, offering a way for people to resolve their disputes without the need for a lengthy court process. By promoting open communication and understanding, conciliation helps create solutions that are fair and acceptable to all parties involved.

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