Mediation Terms and Conditions

Background

The Motor Trade Association Inc (MTA) provides a mediation service to help resolve complaints or disputes between an MTA member and its customer on the terms and conditions set out below (MTA Mediation Service).

Eligibility

1.1.        The MTA Mediation Service is available to customers of current MTA Members only.
1.2.        The MTA Mediation Service is available to assist Customers of MTA Member businesses to resolve disputes with those businesses, where the dispute arises between a customer and an MTA Member and relates to the supply of goods and/or services to that customer by an MTA Member.
1.3.        The MTA Mediation Service is not available for disputes with MTA.

Purpose

2.1.        The MTA Mediation Service provides the Customer and the MTA Member with the opportunity to resolve their dispute by agreement. This is a voluntary process and either party may withdraw from the mediation process at any time.

Role of MTA

3.1.        The role of MTA is to act as an intermediary between the Customer and the MTA Member and to provide or assist the Parties to provide a proposed resolution based on the information provided.
3.2.        MTA will assist the Parties to explore resolution by helping them to:

3.2.1         identify issues requiring resolution;
3.2.2         generate options for resolutions; and
3.2.3         assess those options.

3.3.        In providing the MTA Mediation Service, MTA will not:

3.3.1         give legal or professional advice to any party;
3.3.2         act as an advocate for any party; or
3.3.3         determine of any issues.

3.4.        MTA has no power to make binding decisions or apportion liability.
3.5.        MTA may, having received information from the Parties about the dispute, propose a resolution for the Customer and the MTA Member to consider, but MTA cannot bind either of the Parties to a resolution or otherwise compel them to agree.
3.6.        Neither MTA, nor any of its representatives, employees, agents or contractors, are accredited mediators and do NOT hold accreditation or membership through the Resolution Institute Mediation Accreditation service, the Arbitrators’ and Mediators’ Institute of New Zealand, or any other formal mediation or dispute resolution body and do not hold any particular mediation, negotiation or legal training.
3.7.        MTA makes no representations about the qualifications or skills of it, or its employees, agents or contractors, in respect of carrying out the services set out in these terms.

Customer commitment

4.1.        In contacting the MTA Mediation Service, the Customer warrants that:

4.1.1         it will act in good faith;
4.1.2         it will use its best endeavours to resolve the dispute; and
4.1.3         it has the necessary authority to resolve the dispute.

4.2.        Use of the MTA Mediation Services is without prejudice to any other legal rights or remedies available to the Customer or the MTA member. However, by referring a dispute to the MTA Mediation Service, the Customer agrees not to refer the dispute to any other dispute resolution services until the MTA mediation process has concluded.
4.3.        MTA relies on information provided by the parties. MTA will make reasonable efforts to consider the information provided but accepts no liability for any incorrect, incomplete, or invalid information supplied by either party.

Mediation process

5.1.        A Customer must submit a completed ‘Request MTA Mediation Service Assistance’ form, which is available on the MTA website.
5.2.        Once MTA has received the Customer’s completed form, an MTA representative will endeavour to contact the customer within two working days to discuss the issue.
5.3.        MTA will then reach out to the MTA Member to understand their perspective.
5.4.        MTA will then act as intermediary in correspondence with the Parties to help them to reach a resolution.  These interactions may be informal and may be, in whole or in part, by electronic communication, video conference, or telephone.
5.5.        MTA will endeavour to resolve disputes referred to the MTA Mediation Service within one month. However, MTA makes no guarantee that a resolution will be reached within a certain time period. The speed of the mediation process is dependent on participation by the Customer and the MTA Member.
5.6.        MTA will not tolerate verbal, written, or other abusive behaviour directed at its staff, members, or any party to the mediation. Any case involving abusive conduct may be closed immediately and further assistance refused.

Settlement

6.1.        If agreement is reached on any or all matters, such agreement may be recorded in a settlement agreement, at the discretion of the Customer and the MTA Member. 
6.2.        Any decision the Parties may make to resolve the dispute will be based on their own skill and judgment informed by legal or professional advice they have independently obtained (if any), and not in reliance on any statements, opinions or representations made by MTA.
6.3.        If no settlement is achieved, MTA may recommend the Parties refer the dispute to the Disputes Tribunal or the Motor Vehicle Disputes Tribunal.  It is the responsibility of the Customer and the MTA Member to engage with any further dispute resolution service and MTA will not have any further involvement in the Dispute.

Limitation of liability

7.1.        MTA has no liability for any loss, damage, harm or any other consequence, direct or indirect, arising from the use of the MTA Mediation Service. 
7.2.        While MTA will make reasonable efforts to assist, it cannot guarantee a resolution.
7.3.        MTA is not responsible for the actions or omissions of its members, customers, or third parties.

Confidentiality

8.1.        MTA agrees not to share any information provided by either Party without that Party’s permission.
8.2.        MTA may record phone conversations, take notes, or keep a record of conversations, discussions, meetings or other parts of the process for the purpose of checking accuracy of information. Any such recordings will be stored securely by MTA.
8.3.        The Parties, the representatives, support persons, MTA and any other persons involved in the mediation, must keep confidential:

8.3.1         All communications relating to the mediation (written or otherwise).
8.3.2         All documents and materials exchanged or in the course of the mediation.
8.3.3         The fact of the mediation itself.

8.4.        This clause in no way fetters the legitimate use of any written and signed settlement agreement arising from this mediation in enforcement proceedings, to pursue a legal right, or to seek legal, accounting or professional advice, or any otherwise legitimate purpose.

Costs

9.1.        MTA provides the MTA Mediation Service as a service to MTA Members.
9.2.        There is no fee for Customers of MTA Members to access the MTA Mediation Service.
9.3.        Each party is responsible for its own costs incidental to or arising from the MTA Mediation Service, including costs for any legal representation.

Definitions

10.1.    In these terms the following initially capitalised terms shall have the meanings specified:

10.1.1      Customer means a person who has purchased goods or services from an MTA Member.
10.1.2      Dispute means a dispute between a Customer and an MTA member that relates to the supply of goods and/or services to that customer by an MTA Member. 
10.1.3      MTA Member means a business with a current paid MTA membership and listed on MTA’s website.
10.1.4      MTA Mediation Service means the service provided in accordance with these terms and the process set out in clause 5 above.
10.1.5      Parties means the Customer and the MTA Member.