NZDRC

12/06/2026

NZDRC: Understanding the Arb-Med Process

Arb-Med is a dispute resolution process that combines the strengths of both arbitration and mediation into one flexible pathway. It is designed to help parties resolve disputes efficiently while still providing the certainty of a binding outcome if needed.

The process begins with the appointment of an arbitral tribunal, followed by an initial directions conference to establish timelines and ensure the process runs efficiently. Parties then exchange written submissions outlining the key issues, evidence, and arguments in dispute.

The matter then moves into mediation, where parties work with a mediator to explore potential settlement options in a confidential and constructive environment. This stage focuses on helping parties reach a practical resolution while preserving flexibility and commercial relationships where possible.

If the dispute resolves through mediation, the agreement can be formalised as a binding and enforceable arbitral award. If no agreement is reached, the process moves seamlessly back into arbitration, with the tribunal already familiar with the dispute, helping reduce delay and duplication.

Arb-Med offers parties greater efficiency, procedural flexibility, confidentiality, and the opportunity to resolve disputes earlier without losing access to a final binding determination if required.

Learn more about the Arb-Med process: https://nzdrc.co.nz/arb-med/

09/06/2026

Not every dispute needs the same path to resolution.

Some need a conversation. Others need a clear decision.

With the release of the 2025/26 .nz Dispute Resolution Scheme Annual Report, we’ve shared a short perspective on what we’re seeing in practice.

Read more here: https://ow.ly/nMIJ50Z9H1o

05/06/2026

Why Won’t They Settle?

One of the most frustrating parts of any dispute is when the other side refuses to settle — even when the offer seems reasonable and their case appears weak.

Psychologist Daniel Kahneman’s research helps explain why. People tend to experience losses far more strongly than gains. In disputes, parties often focus on what they believe they are giving up, rather than what they may gain through settlement.

For example, if someone believes they are entitled to a much larger outcome, even a reasonable settlement offer can psychologically feel like a loss rather than a compromise.

We are also surprisingly poor at judging risk. A party with a weak case may still pursue litigation because even a small chance of success feels bigger than it really is. Equally, someone facing a likely loss may reject settlement because accepting it feels like locking in defeat.

This is why disputes are rarely driven by legal arguments alone. Expectations, emotions, and psychology often play a significant role in whether parties are able to reach resolution. Skilled mediation can help parties reassess those perspectives and move conversations forward more constructively.

29/05/2026

Celebrating the King’s Birthday at The ADR Centre

To mark the King’s Birthday, our team came together for a relaxed office lunch with fish and chips for everyone to enjoy!

The King’s Birthday is a public holiday in New Zealand, celebrating the reigning monarch and giving people a chance to take a break, reflect, and spend time with family, friends, and colleagues. It’s a moment to acknowledge tradition while enjoying the simple pleasures of community and connection.

It was a wonderful opportunity for our team to take a break, share some laughs, and celebrate the occasion together. Small moments like these remind us that taking time to connect makes our workplace stronger and more enjoyable.

Wishing everyone a Happy King’s Birthday!

22/05/2026

AI + Arbitration

As artificial intelligence becomes more widely used, its role in arbitration is evolving. While AI tools can improve efficiency — from document review to drafting support — they also introduce important risks that must be carefully managed.

Catherine Green from The ADR Centre has issued a Practice Note to guide the use of AI in arbitration, ensuring that innovation is balanced with fairness, integrity, and accountability.

Key Principles include:
• Responsibility remains with the user - parties and representatives are accountable for all material submitted, even if AI-assisted.
• Confidentiality is critical - sensitive information should not be input into AI tools without proper safeguards.
• Accuracy must be verified - AI outputs can contain errors and must be checked against original sources.
• Transparency where it matters - disclosure may be required where AI is used in evidence or substantive analysis.
• The tribunal's role is unchanged - decision-making cannot be delegated to AI and must remain fully independent.

For construction and commercial disputes alike, this guidance supports consistent, principled, and practical use of AI in arbitration. As AI continues to develop, clear frameworks like this are essential to maintaining trust, procedural fairness, and the integrity of the arbitral process.

Learn More: https://nzdrc.co.nz/practice-note-use-of-artificial-intelligence-in-arbitration/

15/05/2026

When an arbitration award ends up before the High Court, and the Court says the arbitrator got it right, that's worth noting.

A recent case handled by NZDRC arbitrator Catherine Green involved a CPI rent review dispute under a standard Auckland District Law Society lease. The two parties had reached very different figures using the same clause, and the question was which methodology was correct.

Catherine ruled in favour of using the CPI index numbers directly — not converting them to percentages. The resulting annual rent: $307,168.27, up from $286,486.12. The tenant appealed on natural justice grounds. The High Court rejected the appeal, describing the decision as careful and reasoned.

For anyone involved in commercial leasing — as a landlord, tenant, property manager, or legal adviser — this case is a useful reminder:

1. How you read a rent review clause matters as much as the clause itself
2. Arbitration produces enforceable, court-tested outcomes
3. Specialist arbitrators make a real difference

Full case summary here: https://ow.ly/9rKY50Z02cj

Rent review disputes might not make headlines, but when they end up in arbitration — and then in the High Court — the details matter. A recent case involving a decision of one of NZDRC's arbitrators, Catherine Green, is a good reminder of why getting the numbers right is so important.

08/05/2026

Great to be on the ground at the 2026 ILANZ Conference in Wellington this week.

Yesterday was a fantastic first day connecting with in-house legal teams and hearing more about the commercial and organisational challenges they’re navigating across New Zealand.

At NZDRC, we work with organisations to resolve disputes efficiently and pragmatically — through arbitration, mediation, expert determination, and other ADR pathways that can often avoid the cost, delay, and disruption of court proceedings.

If you’re attending the conference today or tomorrow, come and say hello at our stand. We’d love to continue the conversation.

04/05/2026

We're proud to be a sponsor at the 2026 ILANZ Conference in Wellington this week.

If you're an in-house lawyer dealing with commercial disputes, we'd love to connect. NZDRC offers a full range of dispute resolution services — from arbitration and mediation to expert determination — designed to resolve disputes faster and more cost-effectively than court.

Come find us at our stand or get in touch to learn more: nzdrc.co.nz

01/05/2026

We're looking forward to the 2026 Property Law Conference in Christchurch on May 4th and 5th - connecting with practitioners across the full spectrum of property and commercial leasing work.

If rent review disputes, commercial lease disagreements, or property-related ADR are on your radar, come and find us. We'd love to talk through how we can support you and your clients.

Our Commercial Lease Rent Review Arbitration Scheme offers a fixed fee of $5,000 + GST, an award within 35 working days, and a fully document-based process — no hearings, no travel, no surprises.

Learn more: https://nzdrc.co.nz/nzdrc-rent-review-arb/

24/04/2026

Can you say “no” to your neighbour’s cross-lease changes? Not always.

A recent Court of Appeal decision confirms consent can’t be withheld just because you don’t like the proposal. The real test is whether refusal is reasonable in the circumstances.
For cross-lease owners, that means decisions should be based on genuine impacts — not preference.
If a renovation, extension or property change is causing tension, knowing your rights early matters.

Read more: https://nzdrc.co.nz/when-consent-to-cross-lease-changes-can-be-reasonably-withheld/