The Role of the Citizens Advice Bureau (CAB) in Dispute Resolution
The Citizens Advice Bureau (CAB) offers free, confidential, and independent information to help people understand their rights and obligations and navigate various issues, including disputes. While CAB does not conduct formal mediation services itself, it plays a crucial role in dispute resolution by providing information, clarifying options, and making referrals to appropriate services or dispute resolution bodies.
When a person contacts CAB with a dispute, volunteers help them to:
- Understand the nature of their dispute.
- Explore different avenues for resolution, such as direct negotiation, mediation, or tribunals.
- Provide details on the processes involved in each option.
- Assist with identifying relevant organisations or bodies that can help, such as the Disputes Tribunal or specialist mediation services.
- Offer guidance on how to initiate contact with these services or complete necessary forms.
Understanding Dispute Resolution Options
CAB often provides information about several key dispute resolution mechanisms in New Zealand, including mediation and the Disputes Tribunal.
Mediation
Mediation is a voluntary and confidential process where parties in a dispute meet with an independent third party, known as a mediator, to help them communicate and negotiate towards a mutually acceptable agreement. The mediator does not make decisions but facilitates discussion. Many disputes can be resolved through mediation, including family disputes, neighbourhood issues, and consumer complaints. CAB can provide information on where to find accredited mediators or refer to organisations that offer mediation services.
Costs for mediation vary. Some community organisations offer free or low-cost mediation, while private mediators charge fees for their services.
The Disputes Tribunal
For many civil disputes, the Disputes Tribunal provides a formal, yet informal, pathway to resolution. It is a legal body established to provide for the quick, inexpensive, and informal resolution of disputes between parties [Source: Disputes Tribunals Act 1988, s 4].
Jurisdiction of the Disputes Tribunal
The Disputes Tribunal can hear a range of civil claims, including those arising from contracts, damage to property, disputes about goods purchased or services provided, and certain issues relating to fences. However, it cannot deal with disputes concerning land, wills, or debt recovery where the amount of debt is not disputed [Source: Disputes Tribunals Act 1988, s 10].
There are also monetary limits on the claims the Tribunal can hear:
- The general maximum amount a claim can be for is $30,000 [Source: Disputes Tribunals Act 1988, s 13(1)(a)].
- If all parties involved in the dispute agree in writing, the Tribunal can hear claims up to $50,000 [Source: Disputes Tribunals Act 1988, s 13(1)(b)].
Any natural person, body corporate (such as a company), or unincorporated body may make a claim to the Tribunal [Source: Disputes Tribunals Act 1988, s 11].
The Process at the Disputes Tribunal
- Application: A person initiates a claim by completing an application form and paying a prescribed fee [Source: Disputes Tribunals Act 1988, s 32]. CAB can assist with understanding this process.
- Attempt at Agreement: Once an application is made, the Tribunal's primary function is to try and help the parties resolve their dispute by agreement [Source: Disputes Tribunals Act 1988, s 18(1)(a)]. This initial stage often involves a referee acting in a facilitative role, similar to mediation, to explore common ground.
- Hearing: If an agreement cannot be reached, a referee (an appointed independent decision-maker) will hear the case in an informal setting. The proceedings are conducted with as little formality and technicality as is consistent with justice [Source: Disputes Tribunals Act 1988, s 29].
- No Legal Representation: Generally, parties involved in a Disputes Tribunal hearing cannot be represented by a lawyer or other agent, unless the Tribunal gives permission in specific, limited circumstances [Source: Disputes Tribunals Act 1988, s 27(1)]. This helps maintain the informal and accessible nature of the Tribunal.
- Decision: Following the hearing, the referee will make a decision or issue an order to resolve the dispute [Source: Disputes Tribunals Act 1988, s 18(1)(c)].
Costs for the Disputes Tribunal
The fees for applying to the Disputes Tribunal are set by regulations and are generally low to ensure accessibility [Source: Disputes Tribunals Act 1988, s 33]. These fees help cover the administrative costs of the Tribunal.
What to Expect from the Disputes Tribunal
Individuals can expect an informal, accessible, and generally quick process designed to resolve disputes fairly without the need for legal representation. The focus is on enabling parties to present their case and for a referee to make an impartial decision if an agreement cannot be reached.
When to Seek Independent Legal Advice
Although the Citizens Advice Bureau provides valuable information and referral services, and the Disputes Tribunal is designed for informal resolution, individuals facing complex legal disputes, high-value claims exceeding Tribunal limits, or situations where their rights or obligations are unclear may benefit from seeking independent legal advice. This is particularly relevant when navigating statutory interpretation, understanding legal precedents, or when contemplating court action beyond the scope of a tribunal. Community Law Centres throughout New Zealand offer free legal advice to eligible individuals.