Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

ARB-MED JUDGMENTS

2003

McCosh v Williams CA275/02 12 August 2003 (NZ Court of Appeal)

mediator liability – interpretation of settlement – med-arb – negligence – jurisdiction – Fair Trading Act – exclusion of liability clause

Court held that mediator did exceed his jurisdiction as he had engaged in the task of attempting to “correct” the agreement rather than interpret it. However, it was not found that he acted negligently nor was there a breach of the Fair Trading Act. The exclusion clause relied on did not extend to the process of adjudication concerning the settlement agreement. Appeal dismissed.