Terms and Conditions 2019
1. These terms and conditions bind each party and CODR once both parties have agreed by email in writing or verbally to use CODR.
2. CODR agrees to provide online dispute resolution services, including:
a. appointing an independent expert to decide your dispute or assist to resolve it; and
b. the technical facilitation of the online resolution of the dispute.
3. You agree to submit your dispute to mediation or arbitration (as appropriate) and agree that there is an enforceable agreement by you to mediate by the CODR rules or an enforceable agreement to arbitrate for the purposes of the New Zealand Arbitration Act 1996 (“Act”).
4. You agree to pay your share of the fees as invoiced and specified by CODR before the mediation occurs or the arbitration decision is delivered.
5. Your agreement to any CODR process includes agreeing:
a. The process and any result is confidential and cannot be referred to except:
i. where necessary to enforce or challenge the result, where applicable (and if an arbitration, in accordance with the Act); or
ii. in the case of an arbitration, as permitted by the Act; or
iii. as otherwise required by law or the rules of any recognised stock exchange; and
b. You will meet any process requirements or timetables of CODR and the appointed expert.
6. You agree to pay your fees as invoiced and specified by CODR before certification occurs.
7. Payment of CODR’s invoice does not guarantee that certification will be completed by either party for valid reasons.
8. If certification cannot be completed for valid reasons acceptable to CODR as advised by our CODR experts, CODR will refund you the amount invoiced less any fees for the time our experts have taken on your matter (where applicable). This may include any fees for legal advice provided by CODR experts to one party in the relationship property or separation agreement context.
9. CODR does not take any responsibility for your purchase of a relationship property or separation agreement, where that agreement is deemed by our CODR experts to be unsuitable for your purposes.
Documents (pictures and videos)
6. CODR will take reasonable care to ensure the material you upload will remain secure. CODR uses commercial software which includes Dropbox file and Suitebox AV and file-sharing technology. You can read about the security measures at https://www.dropbox.com/business and at Suitebox security.
7. You agree that your dispute information may be shared with potential experts in order for CODR to select the best expert for your dispute. Each expert will receive and retain that material in confidence and destroy it once it is not required. Your CODR appointed expert will hold the material in strict confidence and will only have access while the process is running.
9. If the dispute is to be resolved by way of arbitration, the arbitration will be conducted in accordance with the current AMINZ Arbitration Protocol http://www.aminz.org.nz subject to any modifications agreed to by the parties or ordered by the arbitrator, including the following:
a. Upon the parties referring a dispute to arbitration in accordance with these CODR terms and conditions, CODR will nominate a proposed arbitrator. If the parties do not agree on the proposed arbitrator within three working days of such nomination, the arbitrator will be appointed by CODR (and for the avoidance of doubt, may be the originally nominated arbitrator).
b. CODR will give preference to appointment of appropriately qualified and independent arbitrators from the AMINZ panel or the NZ Bar Association.
c. Any preliminary conference will be digital (audio/visual as agreed or ordered by the arbitrator).
d. Unless the parties agree otherwise, there will be no orders for discovery of documents.
e. Each party agrees to provide the arbitrator with any documents or information that the arbitrator requests in order to assist the arbitrator determine the dispute.
f. Each party will submit the evidence and documents relied upon electronically and in accordance with the directions and timetable of the arbitrator.
g. Unless a party requests a hearing, the arbitrator has the power to decide the dispute “on the papers” and without a hearing.
h. Unless the parties agree otherwise, any hearing will take place over the audio-visual method set by the arbitrator.
i. At any hearing, evidence will be taken as read and cross- examination will be as permitted by the arbitrator.
j. The arbitrator will endeavour to render their award no later than 30 days after the (i) end of the hearing (if any) or (ii) the last submission by the parties (in the event there is no hearing).
k. The parties agree to be bound by the award and waive any right to appeal or seek leave to appeal on any question of law pursuant to clauses 4 and 5 of the Second Schedule of the Act.
l. If the award is challenged or enforced in a court, neither the arbitrator nor CODR shall be named as a party and the parties agree that the arbitrator and CODR need not be involved in the proceedings.
10. If the dispute is to be resolved by way of mediation, CODR will appoint an independent expert to mediate your dispute.
a. The appointed expert will be neutral and fair. CODR will give preference to appropriately qualified and independent mediators including from the AMINZ panel or from the NZ Bar Association.
b. The mediator and the mediation will comply with the current AMINZ mediation protocol http://www.aminz.org.nz save where varied by these terms or by agreement between the parties or as directed by the mediator.
c. The mediator will conduct him/herself in accordance with the relevant professional requirements.
d. You agree to pay your share of the mediator’s fee and the CODR fee (as invoiced by CODR) before the mediation concludes.
e. If there is an agreement reached and recorded in mediation, you agree to be bound by that in accordance with its terms.
f. The mediation and the information disclosed during the mediation process is confidential. The mediator and the parties will not disclose such information unless pursuant to a statutory or court requirement.