Kelly, Loretta --- "Book Review: Dispute Resolution in New Zealand" [2001] IndigLawB 25; (2001) 5(7) Indigenous Law Bulletin 21

Book Review:

Dispute Resolution in New Zealand

Edited by Peter Spiller

Oxford University Press, 1999, 288p

RRP $49.95 including GST

Reviewed by Loretta Kelly

Dispute Resolution in New Zealand, as the title suggests, deals with the various dispute resolution processes operating in New Zealand. The editor Peter Spiller has successfully compiled a text from the contributions of several talented practitioners and theoreticians that will be of great benefit to students of this growing discipline.

Although the book is directed at those involved in dispute resolution processes in New Zealand, the content is relevant to other jurisdictions, particularly common law countries.

Chapter one provides a clear and concise overview of communication skills and client interviewing. There are whole books written about these two subjects, yet the author manages to weave together the essential elements of communication skills and client interviewing.

The second chapter deals with negotiation and is an excellent summary of negotiation theory and strategies. The brief section on the rules of professional responsibility for New Zealand lawyers is easily transferable to other common law jurisdictions. The summary of Fisher, Ury and Patton’s seminal text Getting to Yes[1] is particularly useful to those new to negotiation theory.

Chapter three is a descriptive treatment of mediation theory. As a practitioner and a teacher, I was impressed by the section dealing with the different phases of mediation. In particular, the Windows computer screen metaphor which describes different mediation phases that are ‘open’ at the same time during a single mediation session, and the ability of a good ‘operator’ (mediator) to switch between the windows at appropriate times.

Chapter four is an excellent outline of arbitration as it operates in New Zealand. Although the New Zealand statute (Arbitration Act 1996 (NZ)) is the focus of the chapter, most common law countries now have similar provisions.

Chapter five looks at litigation and is obviously addressed to lawyers. Yet non-lawyers in New Zealand would benefit from reading the chapter to gain an understanding of the litigation process and its relationship to other forms of dispute resolution.

The sixth chapter is simply a summary of selected statute-based alternative dispute resolution processes. Non-lawyers from other jurisdictions should be circumspect in reading this chapter, as it deals specifically with New Zealand law. Restorative justice theoreticians or practitioners may find the section on Family Group Conferences lacking sufficient content to provide useful guidance. Theoreticians and practitioners interested in human rights may find the cursory glance at the conciliation procedures for complaints of unlawful discrimination frustrating. Indeed, if the authors of this chapter had addressed this particular statutory dispute process in some depth, it would have provided an excellent link to the following chapter on Maori dispute resolution.

As an Indigenous person I must confess that I went straight to the Maori chapter and was anxious to see how effective it was in its dealing with Indigenous issues. It is always difficult to provide a satisfactory level of discussion of Indigenous issues within a mainstream text. However I was pleased to find that the chapter met this challenge. I was glad to see that the editor had ensured that this important chapter was written by Maori people and therefore enabled Maori control of the discourse. The extent of control of purportedly ‘Indigenous’ Australian discourse by non-Indigenous authors may surprise readers of the ILB.

The final chapter on dispute resolution across cultures is impressive in quality but not content, being one of the shortest chapters. Unfortunately it reads as though it was tacked-on as an afterthought, although that may not have been the intent of the editor. For those of us who are passionate about cultural conflict, this chapter lacks the detail necessary for any critical discussion of the area.

The practical exercises at the conclusion of each chapter are very helpful and I would suggest that teachers utilise these activities to enhance student learning. Those reading the book out of personal interest would also find it useful to reflect on these exercises.

The book is highly recommended for those involved with or interested in dispute resolution in New Zealand. Academics and practitioners from other jurisdictions would find the text a useful resource on dispute resolution. If I hadn’t already received a free copy for writing this review I’d definitely purchase a copy!

Loretta Kelly is an Aboriginal woman (Gumbaynggirr & Dhanggatti language groups) who lectures at the School of Law and Justice at Southern Cross University in Dispute Resolution, Mediation, Restorative Justice and Aboriginal Dispute Resolution. She is a family, workplace and community mediator.

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[1] Fisher, Ury and Patton, Getting to Yes: Negotiating an agreement without giving in (2nd ed, 1991).