About us    

With 20 years experience in the avoidance, management, and resolution of building and construction disputes the Building Disputes Tribunal is recognised and respected as the leading independent nationwide provider of specialist dispute resolution services to the building and construction industry in New Zealand.

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Dispute Resolution
Options

The Building Disputes Tribunal is able to provide guidance to parties and their advisers as to the most appropriate dispute resolution process for any particular dispute. The most popular processes for the resolution of building and construction disputes include; Adjudication, Mediation, Arbitration and Expert Determination.

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Adjudication

Adjudication is perhaps the most popular dispute resolution process used to resolve construction and building disputes in NZ. It is a process designed to resolve disputes quickly and without incurring the same level of costs as would be incurred in the more traditional forms of dispute resolution. It is not necessary to have legal representation and is a relatively straightforward process.

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Arbitration

Arbitration is governed by the Arbitration Act 1996. It is a formal process more akin to litigation in the Court system and therefore parties are more likely to require legal or other assistance to participate effectively in the process. Most construction contracts require parties to refer any dispute to arbitration rather than to Court

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Mediation

The objective of mediation is to enable and empower the parties to negotiate and resolve the dispute promptly, cost effectively and confidentially rather than to have a decision imposed upon them by a judge, arbitrator or adjudicator. Mediation enables the parties to negotiate flexible and creative solutions which need not conform to strict legal rights or general community standards.

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Expert Determination

Expert determination is a simple means of binding dispute resolution. Unlike arbitration, expert determination is not governed by legislation. Expert determination is a consensual process where parties to a contract agree to refer matters in dispute to an independent person to decide.

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Early Neutral Evaluation

Early Neutral Evaluation is a confidential, settlement oriented dispute resolution process that produces a non-binding evaluation of the facts, evidence and legal merits of a case by an independent neutral third party.

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DB's

Dispute Boards are normally set up at the outset of a contract and remain in place throughout its duration. Comprising one or three members thoroughly acquainted with the contract and its performance, the Dispute Board informally assists the parties, if they so desire, in resolving disagreements arising in the course of the contract and it makes recommendations or decisions regarding disputes referred to it by any of the parties.

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Resources

The Tribunal is committed to educating and supporting the Construction industry and the legal profession in relation to Dispute Resolution. The Tribunal maintains an extensive database of articles, court decisions, relevant legislation, and forms and precedents for use in relation to the payment and dispute resolution regimes under the CCA. The Tribunal also publishes a quarterly magazine called BuildLaw and copies of previous issues can be downloaded from our website.

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