Alternative+Dispute+Resolution


 * How do dispute tribunals work and for what type of disputes do they apply? **
 * //By Andy Ebbett//**

How do dispute tribunals work?
The Dispute Tribunal offers a form of alternative dispute resolution. They offer a quick, cheap and private solution to disputes without having to be dragged through the formal processes of a court. There are no lawyers permitted, with each party representing themselves in front of a referee who is not required to be legally qualified. Both parties will be encouraged to reach an agreement and only if this can’t be achieved will the referee make a ruling, which is binding and will, if necessary, be enforced by the Courts.

If a claim falls within the jurisdiction of the Disputes Tribunal the Courts will usually order that the matter be referred there. The Disputes Tribunal of New Zealand is a statutory tribunal governed by the [|Disputes Tribunal Act 1988]. A key clause in this Act is found in S18(6), which gives referees the right to decide cases based on what they think is fair for that particular situation and not have to follow precedents from previous cases. This makes tribunals unique but also means that the results can be unpredictable because of the law not been as strictly applied as it would in the District Court.
 * Where does the law come from? **

For what type of disputes do they apply?
The purpose of the Disputes Tribunal is to offer cheap, simple and fast resolution of cases, largely for individuals and small businesses. In order to be eligible to receive the benefits of the Disputes Tribunal a business must have an unresolved dispute to the value of $15,000 or less (Up to $20,000 if both parties agree for it to go to a tribunal). The most common uses for the Disputes Tribunal are:
 * The enforcement of rights under the Consumer Guarantees Act 1993 against suppliers of defective goods or inadequate services.
 * The recovery of a disputed debt.
 * To claim for damage to your property.

(Consumer, 2010). The tribunal also has limitations to the types of disputes it hears, claims can’t be made for disputes over: (Ministry of Justice, 2010).
 * Rates, taxes, social welfare benefits or ACC payments.
 * Parenting, care of children, matrimonial property or wills.
 * Ownership of land, value of goodwill, trade secrets or other intellectual property. 

**The impact on businesses ** The Disputes Tribunal was formed in order to reduce time and cost to small businesses of being tied up in District Court battles, and currently resolves more than 20,000 disputes each year. Previously all cases would have been heard in the District Courts involving high legal costs and a time-consuming process, which meant that some cases were not been pursued due to the costs involved. With the Tribunals the majority of claims are heard within six weeks, with a claim taking only an hour. This means quick and easy solutions for businesses which allow them to concentrate on their main function of selling or producing goods and services.

The Disputes Tribunal is a very well documented subject. The [|Ministry of Justice]has a comprehensive guide covering how to make a claim as well as how to prepare for a claim being made against you. All the forms and guides can also be downloaded along with previous Tribunal decisions.
 * More Information **

** Bibliography **
Ministry of Justice. (2010). Disputes Tribunal. Retrieved from []

Consumer. (2010). Making decisions easy, Disputes Tribunals. Retrieved from []