26 Sep 25. Disputes
25.1 If either party has any dispute with the other in connection with this agreement:
(a) that party will promptly give full written particulars of the dispute to the other.
(b) the parties will promptly meet together and in good faith try and resolve the dispute.
25.2 If the dispute is not resolved within seven days of written particulars being given (or any longer period agreed to by the parties) the dispute will be referred to mediation.
(a) A party must use the mediation procedure to resolve a dispute before commencing any other dispute resolution proceedings.
(b) The mediation will be conducted by a LEADR panel mediator chosen by the parties or, if they cannot agree, by the President of the New Zealand Law Society or the President’s nominee.
25.3 If the dispute is not resolved by mediation the parties will refer the dispute to a single arbitrator.
(a) the single arbitrator will be chosen by the parties or, if they cannot agree, by the President of the New Zealand Law Society, or the President’s nominee.
(b) the arbitration will be conducted in accordance with the Rules in Schedules 1 and 2 of the Arbitration Act 1996.
25.4 The parties must always act in good faith and cooperate with each other to promptly resolve any dispute.
25.5 The procedures and time frames for any mediation or arbitration will be fixed by the mediator or arbitrator (as appropriate) if the parties cannot agree.
25.6 The parties must continue to comply with their obligations under this agreement during the dispute resolution process but disputed payments may be withheld to the extent of the dispute.
25.7 This clause will not apply to:
(a) a dispute arising in connection with any attempted re-negotiation of this agreement; or
(b) any application by either party for urgent interlocutory relief.