DISPUTES RESOLUTIONThis is the New Zealand Master Concrete Placer Association (MCPA) disputes resolution process, for members only. If you are dealing with a non member then please choose one of the other options here. The MCPA must and will act in an impartial way. MCPA will assign an independent person to review the dispute and identify a method to help resolve the dispute. The independent person is not employed by the MCPA. We will not involve one of our members in the disputes resolution process unless the independent person thinks it is appropriate. Disputes Resolution Procedure. 1/ All complaints must be in writing on the Disputes Form. 2/ MCPA will assign an independent but suitably qualified person to assist you with your complain. Once this happens it is out of the hands of the MCPA. 3/ The independent person will provide option of dispute resolution for the parties to choose from. NB: The parties will be required to agree to the form agreed before commencement. 4/ Both parties must first be prepared to meet in good faith and attempt to resolve the dispute with the assistance of the appointed independent person. 5/ The independent person may recommend the appointment of themselves or another appropriately qualified person to undertake mediation or expert determination to assist with resolution to the dispute. The independent person may recommend Arbitration or Adjudication. 6/ The independent person will in consultation with you and the placer set the terms of any mediation, expert determination, arbitration or adjudication. The Cost of the Disputes Procedure. 1/ An assessments fee of $100.00 must accompany the disputes form. The placer is also required to pay $100.00. The $200.00 is the initial cost of the independent assessment. 2/ Should the independent person be of the opinion that any of the process of mediation, expert determination, arbitration or adjudication is warranted then the cost can vary from $100.00 per hour to $250.00 per hour, plus disbursement depending on the process employed. 3/ Both parties are usually jointly responsible for the cost of mediation or expert determination. In arbitration it is possible that an award against one part for costs. Meaning of the Different Terms. Mediation. Is a non binding and voluntary dispute resolution process in which an independent and impartial facilitates negotiations between the parties to assist them in solving their dispute. Mediation differs from arbitration and litigation in that neither the parties nor the mediator are limited by what is legally “right” or by any rules of evidence. When a dispute is agreed by mediation a written agreement is signed by the parties which set out the outcome of the issues that have resolved at the mediation. Expert determination. This process is often used when both parties might disagree on a technical or procedure point and that an experts view or decision is required to resolved the disagreement or dispute. In an expert determination it is commonly agreed that the expert’s decision will be final. Arbitration. The Arbitrators role is very much like that of a mediator and one conducting expert determination rolled into one. Where both parties are unable to agree on a solution to resolve, the Arbitrator has the legal power to make a binding decision whether you agree with it or not. The Arbitrator ruling is final and is enforced by the court. To download a form to document the dispute, the background and details click here |