AOS 2B: DIspute Resolution Flashcards
What is a dispute?
A dispute is a conflict that can occur in any business between workplace participants as a result of a disagreement.
How do disputes occur?
- Negotiation of a new wage agreement
- Job security
- Managerial policies
- Discipline issues
- Health and safety issues in the workplace
- Harassment or bullying issue
How to dispute?
To maintain good relationships with employees
- Taken seriously
- Dealt fairly and in a consistent manner
What is mediation?
Mediation is method of dispute resolution that uses an independent third party to help the disputing parties reach a solution.
- Mediator does not interfere or persuade but helps the parties as they try come up with a decision alone.
What are the advantages for mediation?
- Focuses on maintaining relationship between employee and employer
- Informal atmosphere eases employees
- Helps resolve a dispute between two parties
- Cost-effective
What are the disadvantages of mediation?
- Time-consuming to get both parties to agree
- Only binding on the parties if a term of settlement is signed
- More dominant parties can control the process
What is arbitration?
Arbitration is a process where both parties put their case forward to an independent third party who then makes the final decision. The fair Work Commission can act as the independent tribunal to carry out the arbitration process.
What are advantages of arbitration?
- Helps resolve disputes between two parties
- Makes a binding decision that needs to be followed
- Formal proceedings which will allow for fair decision
- Quicker process than mediation as the decision is made on behalf of the parties
What the disadvantages of arbitration?
- Expensive
- Parties may be dissatisfied with solution
- Formal proceedings may make parties uncomfortable
- Can cause resentment as decision is not mutual
