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RDC97

Resolving Disputes within Companies and Partnerships

NZ $30.00
incl GST
Author(s): Paul Heath, Peter Jones
Published: 11 August, 1997
Pages: 59

   

Introduction


The purpose of this seminar is to address some difficult, yet familiar, disputes which arise in the context of small to medium-sized companies and partnerships. We will address the issues that arise with two fundamental principles in mind:
  • “Horses for courses” – by this we mean, what method of dispute resolution is best suited to the circumstances of the case under consideration?
  • “Think with thy brain not with thy word processor” – under this principle we seek to concentrate upon the need for flexibility and creativity of approach in the drafting of dispute resolution clauses and the way in which dispute resolution generally is conducted.
We propose to address the issues from two distinct temporal perspectives:

Pre dispute: How to draft documents with a view either to (a) minimising the prospect of a dispute or (b) maximising the prospect of early resolution of disputes which do arise;

Dispute phase: What to do when no dispute resolution clause has been drafted to deal with the disputes or a particular form of dispute resolution clause has been adopted.

These specific points will be considered in the context of a case study which we have prepared and which you will find appended to the end of this booklet.


 

Content outline

  • Dispute resolution options
  • The new arbitration legislation
  • Employment disputes: arbitrability?
  • Adjuncts to the adjudication process
  • Dispute resolution in practice
  • The range of potential disputes
  • Problems and resolutions
  • Principles for drafting dispute resolution clauses
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