Resources
Tenancy mediation
Resolving tenancy disputes by mediation
Mediation is often used in Tenancy Tribunal proceedings to give landlords and tenants an opportunity to resolve their dispute by agreement before a formal hearing is held. Mediation is conducted by an independent tenancy mediator and, where successful, can avoid the need for a Tribunal hearing altogether.
Important note on currency
This section was originally published on CourtKeys in 2015 as part of a public legal education project. While it remains useful for understanding general legal concepts and processes, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers. This article is provided for general information only and does not constitute legal advice.
Referral to tenancy mediation
If your claim is accepted then you may be offered an appointment with an independent tenancy mediator. The point of the mediation is to see if a hearing can be avoided by the parties resolving their differences by agreement. See those parts of this website that deal with alternative dispute resolution, mediation and settlement for more about this.
Note however that mediation may not be appropriate for some types of disputes. Those disputes would skip mediation and go straight to a Tenancy Tribunal hearing.
Attending a mediation by telephone
Something that you might need to organise before any mediation is whether you can attend by telephone instead of being there in person. This might be appropriate where you are overseas or otherwise live far away from where the mediation will take place. You should contact Tenancy Services as soon as possible if this is something you are interested to do. That is because a decision on any request to appear by telephone would need to be made before the time when the mediation is to take place.
It may be that you would be required to make a written application to attend by telephone.
Generally, your application to attend by telephone should include:
1. Details of your particular Tenancy Tribunal application, such as:
1.1. The particular office of Tenancy Services that is dealing with your application (if known).
1.2. Any reference number that Tenancy Services has assigned to your application (if known).
1.3. Who the parties to the application are.
2. Details of the mediation, such as:
2.1. The date and time when the mediation will take place.
2.2. The place where the mediation will take place.
2.3. The name of the Tenancy Mediator who will conduct the mediation (if known).
3. That you are making an application to attend the mediation by telephone.
4. Your name, and clearly identifying that it is you who is making the application.
5. The reasons why you are making the application, and the reasons why it should be granted. For example, that you live far away from the place where the mediation will take place, and that it would not be practical if you were required to travel to attend the mediation in person or that the costs would be prohibitive.
6. Your contact details, including the phone number that the Tenancy Mediator could reach you on if your application were granted.
Settlement other than by mediation
If you settle ‘out of court’ and not through the mediation service then call Tenancy Services on 0800 TENANCY (0800 83 62 62) and let it know as soon as possible. This is so that the mediation or hearing time allocated for your case can go to another.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.