Fair Way:

Fair Way is an independent dispute resolution company that has been contracted by the Registered Master Builders Association (“RMBA”) to assist with disputes between homeowners and registered Master Builders.

What is Early Facilitation?

Early facilitation is the first step in the dispute resolution process that Fair Way provides. This service is voluntary and both parties must agree to take part before we can proceed. All discussions and documents are confidential to the process and are not able to be used in any other process. This gives parties the freedom to discuss matters in dispute without concern that offers made in the spirit of resolving issues may be used elsewhere.

Site Visit

Where there is a difference of opinion regarding the standard of work, Fair Way can request a site visit by the Regional Service Manager (RSM) to undertake an inspection and provide a report on the work, which may include suggestions for remedial work. The RSM is neutral and the report will be independent.

Any report prepared in the course of this service is available only for the purpose of resolving the dispute and cannot be used by any party outside of Fair Way.

What Happens When Agreement is Reached?

Where all or some matters are agreed, the RC will record the agreement reached and the case will be closed.

What Happens When Agreement is Not Reached?

If agreement is not reached in early facilitation Fair Way will issue a notice and outline next steps provided by Fair Way in the dispute resolution process. This may include mediation and adjudication.

Homeowner's Details:

Builder's Details:

Acknowledgment

By completing this form and submitting it to FairWay Resolution Ltd I acknowledge that:

1. My details may be released to Regional Master Builders Association, my builder, and FairWay Resolution Ltd’s staff or contractors for the purpose of resolving any issues raised.

2. This process is voluntary by all parties. Should either party at any point choose to cease engagement with FairWay Resolution Ltd, this matter may be closed.

3. Completing this form does not constitute a claim under the Master Build Services Guarantee. A claim under the Master Build Services Guarantee needs to be made directly with Master Build Services in conjunction with this process in order to best preserve any rights provided in the Terms and Conditions of the Master Build Services Guarantee.

Conflict of Interest

1. Should a conflict of interest arise, I understand that FairWay will disclose to the parties any conflict of interest as soon as practicably possible and FairWay’s Resolution Coordinator will discuss whether or not they can continue as Resolution Coordinator.

Exclusion of Liability, Indemnity and Release

1. The Resolution Coordinator and Fair Way will not be held liable in negligence or otherwise for any act or omission arising from or during this complaint process.

2. I agree that if any legal action is taken against the Resolution Coordinator or Fair Way, the costs incurred by the Resolution Coordinator or Fair Way will be reimbursed by the party bringing the legal action.

Without Prejudice

1. I agree that the process may involve the exchange of offers and/or proposals for settlement and they reserve their respective rights should a settlement not be reached.

Legal Advice

1. It is recommended that legal advice is sought by the Parties to the dispute regarding their rights and obligations with respect to the subject of the dispute and this process.

2. The decision not to take legal advice will not invalidate any Agreement the parties reach and document, nor these Terms of Engagement.

Privacy and Confidentiality

1. The Resolution Coordinator, Fair Way or any of Fair Way’s Agents will not maintain confidentiality if they have reason to believe that:

1. Any person is in danger of physical harm;

2. Property is in danger; or

3. The Behaviour of a Member of the RMBA might amount to a breach of the RMBA’s Code of Conduct.

2. Any information, whether written or spoken, about what occurred in this process is privileged. It shall not be used by any party in any judicial or administrative tribunal or court unless agreed upon by all parties to the dispute.

A copy of Fair Way’s statement is available here. I have read and understood the privacy policy.