Danny Gelb Mediation Services

6 Tautari Street, Orakei
Auckland

Mediation Services Dispute Resolution

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Mediation Sample Clauses

 

Similar to our Government including mediation provisions in virtually all new acts of parliament, the most effective way to get your dispute to mediation is to stipulate the desire for it in the source documents. This helps overcome any power imbalance whereby, the stronger party defending their position to a legitimate dispute, uses the expensive costs of our Courts system as a defence mechanism, knowing the weaker party does not have the financial resources to pursue the matter.

 

(Please note that these clause are an indication of how a mediation clause may work in different documents. It may not be appropriate for your particular set of circumstances so please consult your lawyer as to its suitability for your needs.)

 

Supplier and Customer Contracts Dispute Resolution Clause

No party to this agreement shall commence any court or arbitration proceedings relating to a dispute or difference arising out of, or related to, this agreement, unless that party has first complied with this clause.

The parties agree to mediate any dispute or difference arising out of, or in connection with, this contract, or the subject matter of this contract, including any questions regarding its existence, validity or termination. Should the parties not be able to agree upon the selection of a mediator and/or the terms and/or the fees, within 5 working days from the date one party delivers written notice to the other party that they wish the dispute or difference be resolved by mediation, then either party may request the appointment of the mediator and the standard terms, including fees by the Chair for the time being, of LEADR New Zealand Incorporated, who will determine such matters. Should a party fail to attend the mediation joint meeting, then that party shall be responsible for all the costs of the mediation.

 

Last Will and Testament Dispute Resolution Clause

In the unlikely event that there should be any disagreement or dispute of this will after my passing, I would be deeply disappointed if the estate that I have left, for the benefit of my family and/or other beneficiaries, results in any negative impact on the relationships among them. Therefore, it is my eager wish and directive that any such disagreement or dispute be resolved with the utmost civility, decency and consideration, and that all parties resolve it by mediation in good faith through the use of a neutral third party. It would be to my profound and eternal sorrow that, what I have provided in the interest of benefiting my loved ones, would lead to any injury to their relationship. To this end, it is my wish that the executor of my estate arrange for the mediation and pay such costs directly from my estate.

 

Family Trust Dispute Resolution Clause

Currently being drafted. It will be here soon.

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