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Mediation

Resolve your NHCover claim dispute through mediation

Collaborate and reach an agreement together

What is mediation?

  • Mediation is about resolving issues through conversation. 

    It is a way to resolve a dispute collaboratively. An independent mediator helps you navigate challenging conversations. They create a safe environment to explore issues, to understand each other’s perspectives and develop options together. The mediator does not make decisions for you. Rather, their role is to keep you working together to find a solution and reach an agreement everyone can agree to.

    With the help of a mediator, you may reach an agreement that works for you within a few weeks of getting in touch.

  • We can help resolve your dispute in two ways – through mediation and adjudication. We recommend mediation as the first step.

How it works

  • Get in touch

    You can get in touch by phone, email or online:

    Freephone: 0800 266 588
    Email: NHCover@fairwayresolution.com
    Online:     Apply online

    Get in touch Process
    Get started

  • Have a chat

    We will check if we can help, find out more about you, and answer any questions.

    You can tell us about your needs and learn about support options.

    We will inform NHC Toka Tū Ake, who provide NHCover, and invite them to join.

    Our Resolution Coordinator will guide you through the process and make all the arrangements.

    They’ll stay in touch with you each step of the way.

    Chat with us

  • Meet the mediator

    Your mediator will be in touch to introduce themselves and clarify next steps. The mediator organises the date, time and venue of the mediation.

    Phone

  • Case conference

    A case conference may be arranged. This is an opportunity to get things ready for the mediation. This is usually an online meeting where you join the mediator and a representative from NHC Toka Tū Ake.

    You can clarify the matters that will be addressed during the mediation and what supporting information might be needed to help reach a resolution. There may be a discussion about whether independent expert advice is needed and who will cover this cost.

    You can discuss who else might need to attend the mediation – for example an expert to provide technical advice, lawyer or support person. The mediation process is confidential, so anyone attending is asked to sign a confidentiality agreement.

    Conference

  • Statement of positions

    You may be asked to prepare a short summary that outlines the issues, background, and your views on the dispute.

    Collecting info

  • One to one

    Before the mediation meeting, each party meets with the mediator separately. This meeting can be on the phone, online or in person.

    Meeting

  • Preparation for mediation (optional)

    If you like, a professional can help you prepare and develop strategies for the mediation. A single ‘preparation for mediation’ session can make a significant difference to how your mediation goes. This session is confidential and independent of the mediator and other parties involved in your dispute. Fair Way provides this and it’s free for you as part of the NHCover Dispute Resolution service.  

    Prepare process

  • Mediation

    Everyone meets together with the mediator to explore resolution options. This is a confidential and voluntary process where the mediator encourages everyone involved to:

    • ask questions
    • share perspectives
    • develop realistic options
    • reach agreement together.
    Conciliation Mediation

  • Agreement

    The mediator will work with all parties to prepare a written summary of any agreements reached. Once signed, it becomes a binding agreement.

    Agreement decision

Unresolved?

If any matters remain unresolved after the mediation process, these be considered by an adjudicator. You can find out more about adjudication here. Your Resolution Coordinator can make the arrangements for the dispute to proceed to adjudication.

FAQs

  • What kinds of information can be useful?

    Before mediation, we recommend taking some time to think about the issue, how to explain it and why you disagree with the decision that has been made.

    It can be useful to provide a summary in writing to make sure the mediator has all the details and to help them understand the issue. The mediator may ask you to outline the issues, background, and your views on the dispute.

    We also recommend that you share any useful information that you can. Depending on the nature of your dispute, technical advice from experts about the cause of damage or what the damage is can be useful. Experts may include assessors, estimators, surveyors, valuers, engineers, builders or drainage specialists. If you engage experts for advice or to produce a report, you will need to cover this cost.

  • Who can be at a mediation?

    The mediation usually involves the insured person, a representative from NHC Toka Tū Ake and the Fair Way mediator.

    At the case conference you can discuss who might need to attend the mediation. This could include a legal representative, support person, an expert or someone else that is necessary for the resolution of a dispute.

    The mediation process is confidential, so anyone attending is asked to sign a confidentiality agreement.

  • Are decisions binding and enforceable?

    Yes. The mediator will work with all parties to prepare a written summary of any agreements reached. Once signed, it becomes a binding agreement. This agreement can be enforced by a court.  

  • How long is it?

    The mediation itself would normally be up to 8 hours, however the entire mediation process usually takes a few weeks to complete, but up to four months can be allowed.

    When you contact us, we will engage NHC Toka Tū Ake and any other parties involved, appoint a mediator, and agree a mediation time, date and venue. It usually takes around one to two weeks to complete these steps and come together for a case conference.

    Depending on what’s agreed at the case conference, you might meet for mediation one to two weeks later. It can happen more quickly if everyone is ready to fully participate or can take longer if more information is needed before the joint mediation meeting.

    Mediation sessions are usually scheduled for a half-day (four hours) or full day (eight hours), depending on the complexity of the issue and the number of parties involved.

Meeting

How to get started

It’s quick and easy to get started. Simply get in touch by:

Apply here

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