Dispute Resolution in Difficult Times: Court, Arbitration, Mediation or Coin Toss?

Abstract

Justice Williams begins this paper by stating that, in addressing the title to this Session, the following must be recognised:

• that dispute resolution by way of arbitration or mediation - whether as an adjunct to litigation or outside the Court system – is an integral part of assisting parties to the rapid and cost-efficient resolution of the disputes that inevitably arise between persons engaged in commerce;
• that those disputes arise as much in the shipping and maritime arena as in any other commercial context;
• that there are very few maritime arbitrations or mediations in Australasia, and there is a need to try to persuade all facets of the shipping and maritime industries that New Zealand can offer them an arbitration and mediation system for resolving their inevitable disputes which is at least the equal, when all factors are taken into account, of the systems offered by maritime arbitrators in other parts of the world - and is arguably better;
• that for those with interests in alternative dispute resolution in the maritime and shipping areas in Australasia there has been considerable delay in putting in place rules governing arbitrations and a mediation service.