You have several paths to resolution. Each has different costs, timelines, and outcomes. Understanding them helps you choose what's right for your situation.
The Disputes Tribunal
For smaller claims, the Disputes Tribunal offers a cost-effective alternative to courts. It's designed to be accessible, fast, and informal.
What You Can Claim
- Claims up to $30,000 (or $50,000 for motor vehicle disputes with both parties' consent)
- Consumer disputes (faulty goods, services not delivered)
- Contract disputes
- Property damage claims
- Minor debt recovery
The Process
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1File your claim (small filing fee applies)
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2Attend an informal hearing
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3A Referee hears both sides
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4Receive a binding decision
Lawyers Cannot Represent You
The Tribunal process is designed to be informal. Lawyers are not allowed in hearings (except in limited circumstances). However, we can help you prepare your case before you attend.
Which Forum for Your Claim?
The value of your claim determines where you can bring it. Here's the jurisdiction ladder:
Disputes Tribunal
Informal, no lawyers at hearing, low cost, fast resolution
District Court
Formal proceedings, lawyers advisable, moderate costs, months to resolve
High Court
Complex matters, lawyers essential, higher costs, can take years
Note: Some specialist tribunals exist for specific matters (e.g., Employment Relations Authority, Tenancy Tribunal, Motor Vehicle Disputes Tribunal).
Resolution Methods
Beyond choosing a forum, you have choices about how to resolve your dispute.
Negotiation
Direct discussion between parties to reach agreement without third-party involvement.
- You control the outcome entirely
- Lowest cost option
- Best for preserving relationships
- Can happen quickly
Best when: You can still communicate reasonably with the other party
Mediation
Our specialtyA trained mediator facilitates discussion and helps both sides find common ground.
- 70%+ success rate
- Resolves in weeks not years
- Confidential process
- You control the outcome
Best when: Communication has broken down but both parties want resolution
Arbitration
A private decision-maker hears both sides and makes a binding ruling.
- Faster than court
- Decision is binding
- Usually confidential
- Expert arbitrators available
Best when: You need a decision but want to avoid public court proceedings
Litigation
Court proceedings where a judge decides the outcome based on law and evidence.
- Judge makes final decision
- Formal rules of evidence
- Public record
- Enforceable by law
Best when: Other party won't engage, or you need a legal precedent
Comparing Your Options
| Factor | Negotiation | Mediation | Arbitration | Litigation |
|---|---|---|---|---|
| Timeline | Days to weeks | 1-2 days | Weeks to months | Months to years |
| Relative Cost | Lowest | Low | Medium | Highest |
| Who Decides | You both | You both | Arbitrator | Judge |
| Confidential | Yes | Yes | Usually | Public record |
| Relationship | Best preserved | Often preserved | Strained | Often damaged |
Hawke's Bay's Outstanding Dedicated Mediation Service
Between Auckland and Wellington, Carlile Dowling is the only firm offering outstanding dedicated mediation services with a highly experienced mediator who has mediated disputes ranging from simple, low-value issues, to complex, high-value, international problems. We can provide the mediator, or help you prepare for mediation & attend with you.
70%+
success rate
Weeks
not years
What Carlile Dowling Does at This Stage
We don't push you toward any particular path. We explain the realistic outcomes, costs, and timelines for YOUR situation, then help you choose what's right for you.
Want to understand which option fits your dispute?
Talk Through Your Options