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Conflict Resolution Agreement

Conflict Resolution Agreement Template for New Zealand

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Key Requirements PROMPT example:

Conflict Resolution Agreement

"I need a Conflict Resolution Agreement for my technology consultancy company based in Auckland, dealing with multiple software development contractors, with specific provisions for intellectual property disputes and online dispute resolution procedures."

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Document background
This Conflict Resolution Agreement is designed for businesses operating in New Zealand seeking to establish clear, efficient, and legally robust dispute resolution procedures. The document becomes relevant when parties wish to proactively establish a framework for handling potential future disputes or when implementing standard business risk management practices. It incorporates provisions compliant with New Zealand legislation, including the Arbitration Act 1996 and Contract and Commercial Law Act 2017, while providing flexibility to accommodate various dispute types and resolution methods. The agreement includes essential elements such as escalation procedures, timeframes, cost allocations, and confidentiality requirements, making it suitable for both domestic and international business relationships where New Zealand law applies.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement

2. Background: Provides context and explains the purpose of entering into the conflict resolution agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Agreement: Specifies what types of disputes are covered by the agreement

5. Good Faith Obligations: Sets out the parties' obligations to attempt resolution in good faith

6. Notice of Dispute: Describes the process for formally notifying other parties of a dispute

7. Dispute Resolution Process: Details the step-by-step process for resolving disputes

8. Timeframes: Specifies time limits for each stage of the dispute resolution process

9. Costs and Expenses: Addresses how costs of dispute resolution will be allocated

10. Confidentiality: Establishes confidentiality obligations regarding the dispute and resolution process

11. Governing Law: Specifies that New Zealand law governs the agreement

12. Execution: Formal execution provisions and signature blocks

Optional Sections

1. Expert Determination: Include when technical or specialized disputes may require expert determination

2. Multi-Party Disputes: Include when there are more than two parties to the agreement

3. International Disputes: Include when parties are from different jurisdictions

4. Emergency Relief: Include provisions for urgent interim relief when necessary

5. Cultural Considerations: Include when incorporating tikanga Māori or other cultural dispute resolution processes

6. Online Dispute Resolution: Include when parties want to enable virtual dispute resolution processes

7. Appeals Process: Include when parties want to allow appeals of decisions

8. Insurance and Indemnity: Include when specific insurance requirements or indemnities are needed

Suggested Schedules

1. Schedule 1: Dispute Resolution Procedures: Detailed procedures for each stage of dispute resolution

2. Schedule 2: Notice Forms: Template forms for giving notice of disputes

3. Schedule 3: Fee Schedule: Schedule of fees and costs for mediators, arbitrators, or experts

4. Schedule 4: Mediator/Arbitrator Appointment Process: Procedures for appointing neutral third parties

5. Appendix A: Code of Conduct: Code of conduct for parties during dispute resolution

6. Appendix B: Confidentiality Agreement: Template confidentiality agreement for all participants

7. Appendix C: Timeframe Summary: Summary chart of all timeframes in the dispute resolution process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Arbitration
Arbitrator
Business Day
Claim
Confidential Information
Dispute
Dispute Notice
Effective Date
Emergency Relief
Expert
Expert Determination
Force Majeure Event
Good Faith
Governing Law
Mediation
Mediator
Notice
Parties
Related Entities
Representative
Resolution Period
Settlement Agreement
Tikanga Māori
Without Prejudice
Working Day
Negotiation Period
Costs
Dispute Resolution Process
Escalation Procedure
Jurisdiction
Material Breach
Neutral Third Party
Proceedings
Relevant Background
Term
Relevant Industries

Construction

Manufacturing

Professional Services

Information Technology

Financial Services

Real Estate

Healthcare

Education

Retail

Energy

Infrastructure

Telecommunications

Agriculture

Mining and Resources

Transport and Logistics

Relevant Teams

Legal

Risk Management

Compliance

Commercial

Operations

Business Development

Human Resources

Procurement

Executive Leadership

Corporate Governance

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Commercial Director

Risk Manager

Compliance Officer

Contract Manager

Business Development Manager

Operations Director

Project Manager

Procurement Manager

Human Resources Director

Company Secretary

Chief Operating Officer

Partnership Manager

Relationship Manager

Industries
Arbitration Act 1996: Provides the legal framework for arbitration proceedings in New Zealand, including the recognition and enforcement of arbitration agreements and awards
Contract and Commercial Law Act 2017: Sets out the fundamental principles of contract law in New Zealand, including formation, interpretation, and enforcement of agreements
Limitation Act 2010: Establishes time limits for bringing legal proceedings, which is relevant for specifying timeframes in dispute resolution processes
Privacy Act 2020: Governs the collection, use, and disclosure of personal information during the dispute resolution process
Human Rights Act 1993: Ensures that dispute resolution procedures do not discriminate and protect fundamental rights of all parties involved
New Zealand Bill of Rights Act 1990: Guarantees fundamental rights and freedoms that must be respected in any dispute resolution process
Evidence Act 2006: Relevant for handling evidence and testimonies in dispute resolution proceedings
Disputes Tribunal Act 1988: While not directly applicable to private conflict resolution agreements, provides useful guidance on dispute resolution principles in the New Zealand context
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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