Dispute resolution involves various methods to manage and settle disputes, ranging from informal negotiations to formal court procedures. It encompasses strategies to resolve conflicts early, such as mediation, arbitration, and more structured legal processes.
Civil litigation is the legal process for resolving non-criminal disputes between individuals, corporations, or other legal entities. While many people associate it with courtroom trials, civil litigation often includes out-of-court resolutions like settlement negotiations or mediation. If the dispute remains unresolved, a formal claim is filed, leading to pre-trial activities and potentially a trial. The judge’s decision may be appealed. Given its complexity and cost, seeking legal advice is essential.
Civil litigation in New Zealand typically follows the following process:
A District Court proceeding is commenced by filing a Statement of Claim and Notice of Proceeding.
The plaintiff must then serve the document on the defendant. The defendant then has 25 working days to file a defence.
If the defendant does not file a statement of defence, in many cases, the plaintiff may simply apply for judgement by default from the Court. This is a common way in which litigation is concluded and our litigation lawyers regularly adopt this approach.
If the matter is defended, there are three types of trial that could be allocated and it depends on the complexity of the case as to how the litigation will proceed. Often a Judicial Settlement Conference is scheduled which is also a great way to facilitate settlement.
The High Court process is commenced in a similar way as the District Court, by filing a Statement of Claim and Notice of Proceeding. After service on a defendant, the defendant has 25 working days to file a defence.
The High Court has a rigorous case management programme in which Associate Judges will implement strict timetables to ensure the litigation proceeds meaningfully to trial.
To be successful at the High Court, you need to be strategic and employ a clear theory of the case whilst having a clear understanding of each stage and what is expected of you in each stage in order to win at trial.
It’s important to note that civil litigation can be a complex and time-consuming process, and parties should seek advice from a litigation lawyer before proceeding with a claim.
Mediation and arbitration are two forms of dispute resolution which aim to avoid involving the courts in the civil litigation process.
Mediation involves a neutral third party, the mediator, who helps the parties reach a mutually acceptable agreement. The mediator does not make a decision but instead facilitates communication and negotiation between the parties. The goal of mediation is to avoid the time and expense of a trial, as well as to preserve the relationship between the parties if possible.
Mediation provides the parties with the opportunity to negotiate flexible and creative solutions, which are often not available in litigation. A skilled mediator assists the parties to develop and explore settlement options and negotiate a mutually acceptable settlement which meets the interests and needs of all parties.
Arbitration is a more formal process that involves a neutral third party, an arbitrator, who hears evidence and arguments from both sides and makes a binding decision. The arbitrator’s decision is usually final and cannot be appealed, except in limited circumstances. Arbitration can be voluntary or required by contract, and it is often used as an alternative to going to court. The goal of arbitration is to provide a less formal and less expensive alternative to a trial while still providing a final resolution to the dispute.
If you would like to explore engaging a mediator at Norling Law, please submit the details of your issue for resolution here.
At Norling Law, we are experts in litigation and dispute resolution and are passionate about providing our clients with a problem-solving approach to solving legal issues. We use our problem-solving skills in serving our clients on a daily basis.
Norling Law supports mediation as an efficient way of solving legal issues, and where suitable, encourages the use of mediation to its clients. Litigation can be protracted and expensive and we are focused on providing strategic advice at all stages of the process. Engaging with an experienced litigation lawyer will reduce the delay and cost of litigation. In most cases, commercial settlements are the best outcome for all concerned. Where appropriate we facilitate alternative dispute resolution strategies that suit our clients’ needs.
If possible, we will negotiate with a view to providing the best outcome for you. The earlier a dispute is addressed professionally, the more likely it is to settle; before the parties become too entrenched to their position.
Norling Law also offers an independent and impartial mediation service to non-clients in a dispute.
Our skilled mediator can help you to:
Our litigation lawyers have experience at the District Court, High Court, Court of Appeal and Supreme Court. We have a good working knowledge of the processes and procedures of these various courts.
Our knowledge of these processes and procedures will be used innovatively with a results-focused approach. We are committed to the application of this knowledge to the best advantage of our clients throughout the civil litigation process.
We have significant experience in dealing with all aspects of insolvent companies and individuals. We often are involved in cases where we bankrupt and liquidate debtors. We also deal with a significant volume of Shareholder Disputes. We also have experience in obtaining orders for arrest, attachment on wages, charging, sale and freezing property pending the outcome of the litigation.
If you would like to explore engaging Norling Law to assist in resolving commercial disputes as your engaged counsel, we offer a no obligation legal consultation with our litigation lawyers where we can discuss:
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We meet client objectives with a focus on excellence.
At Norling Law, we specialise in resolving a wide range of disputes. Our expertise covers commercial litigation, insolvency and restructuring, debt recovery, shareholder disputes, construction disputes, joint venture disputes, property disputes, contractual disagreements, and tax debt matters. We tailor our advice and solutions to suit the specific circumstances and goals of each client.
Norling Law has significant experience managing litigation cases throughout New Zealand’s court system. Our lawyers routinely advocate for clients in the High Court, Court of Appeal, Supreme Court, District Court, Building Disputes Tribunal, other tribunals, mediation, and arbitration. Our team’s capability has been recognised at the New Zealand Law Awards, demonstrating our proven track record of achieving strong outcomes for clients involved in complex disputes.
During your free initial consultation, we will take the time to understand your situation, review key facts, and identify potential solutions. Our aim is to provide you with clear, practical guidance on your options so you can make informed decisions about your next steps.
We take a strategic and commercially-focused approach to debt recovery. Depending on the circumstances, we may engage in negotiation, issue formal demands, initiate court proceedings, or pursue enforcement measures such as charging orders, security enforcement, liquidation, or bankruptcy with the goal of securing prompt and effective recovery of outstanding debts.
If you are facing a shareholder dispute, it is important to seek legal advice early. We assist by analysing the dispute, advising you on your rights and obligations, and working to resolve the matter through negotiation, mediation, or litigation where necessary, always seeking to protect your interests and minimise business disruption.
Our team has achieved strong outcomes in a wide range of commercial contract disputes. While each case is unique, our depth of experience and strategic approach consistently deliver favourable outcomes for our clients.
We provide targeted advice to resolve construction disputes in an efficient and cost-effective way. Whether dealing with contract breaches, payment claims, variations, or defective works, we focus on protecting our clients’ commercial interests while seeking pragmatic resolutions wherever possible.
Yes. We have extensive experience assisting clients facing tax debt issues with Inland Revenue (IRD). We provide clear advice on negotiating settlements, structuring payment arrangements, challenging assessments, and managing enforcement action, always aiming to minimise both financial exposure and legal risk.
We pride ourselves on our specialist expertise, practical approach, and strong client focus. Our recognition at the New Zealand Law Awards, positive client testimonials, and experience at the courts reflects our consistent ability to resolve complex legal disputes while delivering clear, commercially-driven advice.
Booking a consultation is straightforward. You can contact us by phone, email, or through the enquiry form on our website. Our team will promptly arrange a suitable time for your free initial consultation to discuss your matter.
Gain clarity and direction in your matter from a senior solicitor.
In a consultation, you will receive:
✔ Clear Insights – understand your legal and strategic options.
✔ Pathways to Resolution – explore practical next steps tailored to your situation.
✔ Your Best Interests First – this session is about strategy, not legal advice.
Takeaways: Personalised legal options from an expert solicitor for you to take further in an engagement with our team, or act on independently.
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