AOS 2.10 - Dispute Resolution Process

Question 1

Dispute Resolution Process

Answer 1

series of steps that disputing parties follow in order to resolve a disagreement and reach a resolution

Question 2

Dispute Resolution Process: Steps (shortened)

Answer 2

I – Identify
P - Present + Discuss (outcome?)
R – Referral (FWC)
M – Mediate
A – Arbitrate

Question 3

Mediation

Answer 3

involves an impartial third-party facilitating discussions between disputing parties to help each side of the conflict reach a resolution themselves
= impartial third party facilitating discussions reach resolution themselves

Question 4

Mediation: Advantages

Answer 4

+ Promotes positive working relationships (decisions together/win/win)
+ Less formal, expensive and time-consuming than arbitration

Question 5

Mediation: Disadvantages

Answer 5

• Not legally binding final decision
• No guarantees a decision will continue

Question 6

Arbitration

Answer 6

involves an independent third-party hearing arguments from both disputing parties and making a legally binding decision to resolve the conflict

Question 7

Arbitration: Advantages

Answer 7

+ Guarantees a decision will be resolved
+ Legally binding decision must be adhered to

Question 8

Arbitration: Disadvantages

Answer 8

• More formal, expensive and time-consuming than mediation
• Destroy positive working relationships (win/lose)

Question 9

Mediation and Arbitration: Differences

Answer 9

M: Disputing parties = control over final decision
M: Final decision not always guaranteed
M: Does not offer advice
A: No control = disputing parties
A: Guaranteed decision
A: Most formal method

Question 10

Mediation and Arbitration: Similarities

Answer 10

*Require independent third party
*More formal than resolving from source