Alternative Dispute Resolution Procedure

APRA provides an ADR service to resolve disputes between members. Generally, the disputes are between writers or between writers and smaller publishers.

The disputing parties, with the assistance of a mediator, identify the disputed issues, develop options, consider alternatives and endeavour to reach agreement.

APRA subsidises the ADR program to offer a low cost option to members. The service operates within the following discretionary guidelines.

  • The program is primarily a service to members without access to resources .
  • There is a threshold for a dispute – the disputed work must have been allocated $200 (to avoid disputes over non earning works)
  • A work cannot be referred to ADR if it has been registered (insofar as the details of the dispute are concerned) for more than three years (being the last date on which distributions could be altered)
  • This procedure is not appropriate for large catalogue disputes between publishers, but APRA can facilitate dispute resolution procedures for such disputes, if requested.
  • Mediation days are allocated throughout the year. A single mediator is appointed from a panel, for all disputes on a particular day. The panel of mediators is not restricted to lawyers. APRA pays for the mediator to attend at the NZ APRA office, at a fixed daily rate.
  • Members will be required to demonstrate the validity of their claim in a statutory declaration.
  • If a dispute is resolved at the mediation, the settlement will be signed by the members on the day. If the dispute cannot be resolved, APRA plays no further role in the dispute or its resolution.
  • All disputing members involved are required to pay an administration fee of $100 plus GST.

For more information please contact us.