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Dispute Resolution Process

In the NEMS, disputes are intended to be resolved outside of the courts through a process which is fair, efficient and cost-effective. This has the merit of saving time and costs for the disputants and maintaining relationships in the market.

We use a holistic approach to dispute resolution consisting of three distinct processes: negotiation, mediation and arbitration.

It is hoped that most disputes can be resolved between the disputants through negotiation, with or without the help of the Dispute Resolution Counsellor (DRC). Disputes that cannot be resolved through negotiation proceed to mediation, and those that cannot be resolved through mediation proceed to arbitration. Details regarding the dispute resolution process can be found in the brochure, Guide to Resolving a Dispute.

Other information available includes a guidance note on dispute management systems issued by the DRC, together with a model dispute management system and forms for filing notices of dispute, mediation and arbitration.

A set of model arbitration rules is also provided to serve as a guide for disputes that proceed to arbitration.  The arbitration tribunal or disputants may decide on its adoption.

 

Related Contacts

For more information about the Dispute Resolution Counsellor or Dispute Resolution and Compensation Panel, please contact us with your questions.

Market Assessment Unit