Adjudication is a process in which the parties present arguments and

evidence to a dispute resolution practitioner (the adjudicator) who makes a

determination. The most common form of adjudication is determination by
authorities empowered to enforce decisions by law (for example; courts,
tribunals) within the traditional judicial system. Adjudication also refers to
dispute resolution outside the traditional judicial system, in which a dispute
resolution practitioner is empowered by contract or statute to make binding
decisions on disputes.

Adjudicator means a person who presides over hearings and makes decisions
in relation to formal disputes. The term ‘adjudicator’ can also be limited to an
individual appointed to determine a dispute that has been referred to
adjudication. Adjudicators can be appointed by statutes (see, for example, the
Construction Contracts Act 2002). Depending on the empowering statute, the
adjudicator may have a specific title, for example ‘Authority’ under the
Employment Relations Act 2000.

Adversarial processes are focused on establishing legal rights and are a

mode of dispute resolution in which the competing claims of the parties are
presented - often by representatives (whether legal or otherwise) - to an
independent decision-maker. The decision-maker will normally leave it to the
parties to present their respective cases with little intervention. Compare an
investigative or inquisitorial process where the decision-maker can call
witnesses and take a more active role in questioning witnesses. See
also adjudication, arbitration and inquisitorial process.

Advisory dispute resolution processes are processes in which a dispute

resolution practitioner considers and appraises the dispute and provides
advice as to the facts of the dispute, the law, and in some cases, possible or
desirable outcomes and how these may be achieved. Advisory processes
include expert appraisal, case appraisal, case presentation, mini-trial and
early neutral evaluation.
Advocate, where referring to an individual participating in a dispute resolution
process, means a person representing or acting on behalf of a party to a
dispute. An advocate may or may not be legally qualified. See the definition of
support person, for a different role.
Advocate, where referring to an individual participating in a dispute resolution
process, means a person representing or acting on behalf of a party to a
dispute. An advocate may or may not be legally qualified. See the definition
of support person, for a different role.

Advocate organisations, such as Health and Disability Advocates under the

Health and Disability Commissioner Act 1994, have a broader role in dispute
resolution processes. The functions of advocate organisations include
providing advocacy services as well as serving as a hub for advice,
information and education and receiving complaints.

Arbitration is a process in which the parties to a dispute agree to present

arguments and evidence to one or more dispute resolution practitioners (the
arbitral tribunal) who then issue an award; deciding the matter in dispute.
Arbitrations are governed by the Arbitration Act 1996. Arbitration can include:

 Binding arbitration, a private adversarial process in which the parties

choose an impartial person or persons to hear their dispute and to make
a binding decision.
 Non-binding arbitration is the same process as binding arbitration
except that the arbitrator’s decision is advisory only (but may form the
basis for settlement of the dispute). Note that non-binding arbitration is
not available under the Arbitration Act 1996.
 Fast track arbitration is used early in the process, with the parties to a
dispute presenting arguments and evidence to a dispute resolution
practitioner (the arbitrator) who makes a determination on the most
important and most immediate issues in dispute.
 Final-offer arbitration, each party submits a proposal to resolve the
dispute and at the end of the hearing the arbitrator chooses one or other
of the proposals without amendment and typically without giving a
reason. Final-offer arbitration is sometimes called baseball arbitration.
 Desk arbitration or arbitration on the papers is an arbitration process
where the parties submit their arguments in written form only and a
decision is made based on the papers.

Certain phrases have specific meanings when used in the context of

arbitration:
  Arbitral Tribunal is the term given to the arbitrator or arbitrators
appointed.
 Arbitration agreement means an agreement by the parties to submit to
arbitration, all or certain disputes which have arisen or which may arise
between them in respect of a defined legal relationship, whether
contractual or not.
 Arbitrator is a member of the Arbitral Tribunal to whom a dispute is
referred to be resolved by arbitration.
 Award is the decision of the arbitral tribunal on the substance of the
dispute and includes any interim, interlocutory or partial award.

Arbitrable disputes are disputes that may be resolved by arbitration. An

arbitrable dispute must involve an issue that could be heard in a civil court.

C
Case appraisal is a process in which a dispute resolution practitioner (the
case appraiser) investigates the dispute and provides advice on possible and
desirable outcomes and the means by which these might be achieved. Case
appraisal can also involve an outside expert acting for one side and sharing
their opinion with the other side.

Case presentation (or mini-trial) is a process in which the parties present their
evidence and arguments to a dispute resolution practitioner who provides
advice on the facts of the dispute and, in some cases, on possible and
desirable outcomes and the means whereby these may be achieved. This is
effectively a trial run without the parties being bound by the outcome. See
also mini-trial.

Caucusing is when the parties meet separately with the dispute resolution
practitioner during a dispute resolution process. Note that caucusing could be
seen as a breach of natural justice if the dispute resolution practitioner has
decision-making authority. See also, for contrast, plenary session.

Combined or hybrid dispute resolution processes are processes in which the

dispute resolution practitioner applies a range of approaches and plays
multiple roles. For example, the dispute resolution practitioner may facilitate
discussions between the parties, as well as provide advice on the merits of
the dispute. In hybrid processes, such as med-arb, the practitioner first uses
one process (mediation) and, if unsuccessful, then a different one (arbitration).
Combined or hybrid processes include fast track mediation. Fast track
mediation is an early assistance process in the Employment Relations Act
2000 where parties decide before the mediation event that if they have not
reached a settlement of their dispute within a specified time the mediator may
make a decision as to the outcome. This process is effectively a form of
med/arb. In contrast, FastTrack Resolution in the tenancy area is a quick way
to confirm agreements reached between landlords and tenants.