The Demand For Mediation Letter is a critical document in New Zealand's alternative dispute resolution framework, used when parties seek to resolve conflicts through mediation rather than immediate litigation. This document is typically employed when there is a contractual requirement for mediation, when parties wish to maintain business relationships while resolving disputes, or when court rules require attempted mediation before proceeding to trial. The letter must be drafted in accordance with New Zealand legal requirements and usually includes specific details about the dispute, references to relevant agreements, proposed mediators, and suggested timelines. The Demand For Mediation Letter serves as a formal trigger for the mediation process and can be particularly important in preserving legal rights while demonstrating a commitment to resolving disputes amicably.
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1. Sender's Contact Information: Full name, address, and contact details of the party initiating the mediation request
2. Date: Current date of the letter
3. Recipient's Information: Full name, address, and contact details of the party being asked to participate in mediation
4. Subject Line: Clear indication that this is a formal request for mediation
5. Dispute Identification: Brief description of the dispute including relevant contract numbers, dates, or project references
6. Statement of Issues: Clear and concise outline of the specific issues requiring resolution
7. Legal Basis: Reference to any contractual provisions or legal requirements that provide for mediation
8. Proposed Timeline: Suggested timeframe for commencing mediation and any relevant deadlines
9. Closing and Signature: Formal closing, signature, and name of the sender
1. Previous Resolution Attempts: Summary of previous attempts to resolve the dispute, used when prior negotiations or discussions have failed
2. Preferred Mediator: Suggestion of specific mediator or mediation service, included when sender has a preference
3. Cost Allocation Proposal: Proposed arrangement for sharing mediation costs, included when this needs to be addressed upfront
4. Urgency Statement: Explanation of why immediate mediation is necessary, used when there are time-sensitive aspects
5. Venue Preference: Proposed location or format (in-person/online) for mediation, included when specific arrangements are preferred
1. Timeline of Events: Chronological listing of relevant events leading to the current dispute
2. Supporting Documentation: List of relevant contracts, correspondence, or other documents that will be referenced during mediation
3. Proposed Mediator List: List of suggested qualified mediators, if multiple options are being proposed
4. Cost Breakdown: Detailed breakdown of expected mediation costs and proposed allocation, if relevant
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