DISPUTE RESOLUTION, MEDIATION & NEGOTIATION
Regis Industrial Relations has the expertise and qualification to represent your interests in Dispute Resolution, Negotiation and Mediation processes.
The Following definitions are derived from Butterworths Encyclopaedic Australian Legal Dictionary
Alternative Dispute Resolution (ADR)
ADR is the decision making
process by which matters are resolved outside the usual court-based litigation
model. The aim of ADR is to encourage the settlement of a dispute between
parties with the assistance of a neutral person. ADR includes processes such as
assisted negotiation, expert appraisal, mediation, conciliation, evaluation, and
arbitration
Mediation
A method of dispute resolution
which includes undertaking any activity for the purpose of promoting the
discussion and settlement of disputes, bringing together the parties to any
dispute for that purpose, and the follow-up of any matter being the subject of
such discussion or settlement. An impartial third party attempts to facilitate
settlement by encouraging the disputing parties to generate solutions that focus
on their mutual interests and preserve ongoing relationships Mediation should be
conducted with as little formality and technicality, and with as much
expedition, as possible
Negotiation
Generally, mutual discussion and
arrangement of the terms of a transaction or agreement.
Conciliation
A method of alternative dispute
resolution in which a third party attempts to facilitate an agreed resolution of
a dispute in accordance with relevant legal principles. In Australia,
conciliation is distinguished from mediation in terms of the conciliator's input
to the substance of the agreement In
Industrial law a
method of dispute resolution by which parties to a dispute reach an agreement,
is usually through the offices of a mediator
Work Place Agreement
Dispute resolution has been a primary function of the Australian
Industrial Relations Commission for many years saving the client money and
also the cost of going to Arbitration to have the matter settled. The
Workplace Relations Act 1996 (the Act) makes provision that a
workplace agreement must include procedures for resolving disputes about matters
arising under the agreement between the employer and the employees whose
employment will be subject to the agreement.
It is up to the parties to decide what kind of dispute resolution procedures to include in the agreement. They can provide for reference of disputes to a third party of their choosing. If parties want the Australian Industrial Relations Commission to conduct any dispute resolution process under the agreement they can include a provision in the agreement which makes the Commission the forum for resolving disputes. A workplace agreement must include procedures for settling disputes (dispute settlement procedures) about matters arising under the agreement between: the employer; and the employees whose employment will be subject to the agreement.
March 27 2006 with the legislative changes in the Workplace Relations Act 1996 Dispute Resolution has become more predominant with a number of sections dealing with this process
If a workplace agreement does not include dispute settlement procedures, the agreement is taken to include the model dispute resolution process mentioned in Part 13 of the Act.
Representation
Parties are entitled to representation for dispute resolution. Regis
Industrial Relations is qualified to represent your interests in this area.
Why not contact Regis today if you have any queries about Dispute Resolution, Negotiation or Mediation. We are the people to talk to and discuss the whole of the matter with you. Regis Industrial Relations will provide you with the representation you need to protect your employment and interests.
It makes sense to find out where you stand right from the
onset and not further down the track Allow us to Negotiate your workplace
Agreement giving you total peace of mind rather than stress by doing it
yourself.