CBANZ Dispute Resolution Procedure IF any dispute or difference (a “dispute”) arises between the parties from or concerning this Agreement the parties agree:
To meet in good faith to attempt to resolve the dispute through negotiation.
If for any reason the dispute is not resolved promptly, the parties may refer the matter to mediation in which the parties share the mediator’s fees and expenses equally and meet their own costs. The parties may jointly in writing request the president or relevant nominating officer of the Arbitrators’ & Mediators’ Institute of New Zealand Inc (“AMINZ”) or by LEADR (NZ) Inc. to select a mediator.
Either party may at any time refer a dispute to adjudication in accordance with provisions of the Construction Contracts Act 2002 (“Adjudication”).
A dispute may be referred to arbitration under the Arbitration Act 1996 if it has not been settled within 30 working days after the appointment of a mediator, or if the dispute has been determined in Adjudication and any amount so determined has been paid in full.
