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barrister & arbitrator

Sam Maling


Sam Maling is a Christchurch based Arbitrator, Adjudicator and Mediator with over 40 years experience.
He is available to resolve your dispute anywhere across New Zealand.

 

Contact

Level 1, North Lobby, Awly Building,
293 Durham Street, Christchurch 8013
PO Box 79043

MOBILE: 021 222 8055
EMAIL: smaling@xtra.co.nz


Arbitration

Arbitration is a formal process to resolve disputes.  It is conducted by an independent person – an Arbitrator – who is empowered by the Arbitration Act 1996 to impose a solution where the parties cannot agree.

  • Rules of Natural Justice apply

  • Both parties have a full opportunity to present

  • Legal principles applied

How does it work?
How does it affect me?
What does the service include?
How to get started?

 

Mediation and Facilitation

Mediation is a process in which an Independent professional –the Mediator– assists the parties to find an agreed solution to a dispute usually affecting their legal rights. The Mediator cannot impose a solution but may suggest an outcome or range of outcomes which are explored with the parties in the course of the process. Any solution must be agreed between the parties and signed off by them.

Facilitation is similar but less structured than a mediation process and more focussed on encouraging a dialogue between parties with entrenched views. It offers an opportunity to each party to state their view plainly and in turn be subject to points of clarification so that each has a clearer understanding of the other’s position. The process may or may not result in consensus.

 

Adjudication

Adjudication is a statutory process under the Construction Contracts Act 2002 and one of its key purposes is the speedy resolution of building disputes.

The process is commonly used to resolve commercial and industrial building disputes but it extends to residential building as well, and to ‘horizontal infrastructure’ such as roads, reticulated services, access-ways, waterways and land drainage works. The Act also applies to design, engineering and survey work.

Sam is an accredited adjudicator.