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.

MEDIATION

Mediation is a consensual, confidential and relatively informal negotiation process in which parties to a dispute use the services of a skilled and independent mediator to assist them to define the issues in dispute, to develop and explore settlement options, to assess the implications of settlement options and to negotiate a mutually acceptable settlement of that dispute which meets their interests and needs.

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.

The Building Disputes Tribunal offers effective and efficient administered mediation services for disputes arising out of building, construction and infrastructure projects, whether residential or commercial.

Mediation is in many ways a remarkable process – mediation is a consensual, confidential and relatively informal process of managed negotiation, but it has a timetable, procedural structure and dynamics that simple negotiation lacks.

Mediation is effective in resolving intractable cases. It has a dynamic that encourages even the most recalcitrant parties to engage in negotiations that often lead to settlement. Mediation works when other attempts to resolve a dispute have not – it allows expectations to be checked and managed and intransigence to be overcome and claims settle.

John Green

Arbitrator, Adjudicator and Mediator

MEDIATION MODEL CLAUSE

The following mediation clause should be included in contracts where the parties wish to have any future disputes resolved by Mediation under the Building Disputes Tribunal’s Mediation Rules: “Any dispute or difference arising out of or in connection with this...