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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation in New Zealand: Widely Accepted and Successful

Mediation in New Zealand: Widely Accepted and Successful

(p.1095) Chapter 21 Mediation in New Zealand: Widely Accepted and Successful

Heyo Berg

Oxford University Press

In New Zealand, alternative dispute resolution (ADR) is an important integral part of the judicial system. There is no general mediation statute, but mediation provisions have been incorporated into more than 60 statutes. Some statutory mediation rules are rudimentary; others contain a detailed procedural framework for mediation, such as in areas like family, employment relations and tenancy law. Conflicts in a vast variety of matters can be referred to mediation by the ordinary courts or diverse tribunals empowered with court like functions. Access to state-managed mediation services is simple and inexpensive. Some acts require the parties to take part in mandatory settlement procedures before they are permitted to commence adversarial proceedings. Mediation services are rendered by public institutions in areas such as employment and tenancy disputes, by judge-led mediation conferences in family disputes or by private mediators. Private mediators are organised into several professional organisations that accredit mediators and arbitrators by their own standards.

Keywords:   mediator, New Zealand, settlement, alternative dispute resolution, family law, employment relations law, tenancy law, mediation services, costs

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