The Top 5 Dispute Resolution Methods In Australia

June 20, 2022    propertylawyersperthwide
The Top 5 Dispute Resolution Methods In Australia

Dispute resolution, also known as alternative dispute resolution, involves people who are in dispute talking about problems and reaching an agreement on how to solve them. People may work out solutions for themselves or seek help from litigation lawyers Perth


Dispute resolution is considered cheaper and quicker than going to a court, and sometimes, it can be free as well. A court may need you to reach an agreement using dispute resolution before it hears your case. In this guide, you will learn about the different dispute resolution types and why they are used.  


Types Of Dispute Resolution 

The types of dispute resolution are as follows: 

Negotiation:

It involves people in disputes communicating directly, either by writing or speaking, to try and reach an agreement. It is a good step for most of the disputes that happen today. 

Mediation:

This is used when an unbiased person helps people to negotiate with one another to resolve disputes. This method can be used when individuals have clear conflicts with one another. 

Facilitation:

This is similar to meditation but is used for groups that are in conflicts such as body corporate disputes or planning matters. Facilitation can be used as a forum for various kinds of views that need to be discussed and considered before reaching an agreement. An impartial individual or a facilitator leads the process. 

Conciliation:

It is the process where the people in a dispute try to reach an agreement with the help and advice of a conciliator. The impartial individual has experience regarding such matters in dispute and can advise both the parties of their obligations and rights.


Conciliation is used for disputes where you may need to uphold your rights or require advice on your rights and responsibilities in equal opportunity disputes.


Arbitration:

This is a formal process where the people in dispute can present their cases to an independent third person or an arbitrator such as litigation lawyers in Perth and are bound by the decision made by the person. 


The parties in dispute may agree to arbitration, but often an individual applies, and the other is needed to participate. This method is sometimes used when other forms of dispute resolution do not work and are often used in contractual disputes between businesses and industrial relations disputes. 


1. Negotiation-

A negotiation can be defined as any form of direct or indirect communication via which parties with conflicting interests can discuss any form of action that they might take together to manage and resolve any kind of dispute.


Negotiations can be used to solve an existing problem or lay the groundwork for a future relationship between two or more parties.


Compared to arbitrary or mediation, the outcome of a negotiation is reached by parties together without needing a neutral third party. The process is flexible and ensures there is confidentiality at the choice of both parties.

Reasons To Use Negotiation:

  • Solve disputes between two parties 
  • Find solutions or better options for both parties 
  • Help both parties reach an agreement 
  • Consider other options 

Negotiation is easily the most flexible form of dispute resolution as it only involves parties who have an interest in their matter and their representatives. In this process, the parties are free to shape negotiations according to their own needs, selecting the agenda and the forum after identifying the participants.  


Similar to any other dispute resolution method, it cannot guarantee that a party will be successful, but negotiations have better chances of providing a successful outcome when both parties adopt an internet-based approach compared to a positional-based approach. 

2. Mediation-

Mediation is the process where a neutral third party, probably dispute resolution lawyers in Perth known as a mediator, can help people in conflict to negotiate a mutually acceptable agreement. 

In most the disputes, a mediator can help with parties to help achieve the following:

  • Develop options 
  • Identify the disputed problems 
  • Consider the available alternatives 
  • Help both the parties to reach an agreement 

Here, the mediator does not influence or advise parties regarding the content of the dispute, the outcome, or the dispute resolution. But they may advise or help to determine the meditation process to ensure its success.


All the mediations are held privately, indicating that nothing you say in the mediation can be used outside of the process and cannot be revealed by a mediator or any other parties unless needed by the law. 

Reasons To Use Mediations:

Mediation allows both parties to resolve conflicts based on mutually acceptable terms. It is not as formal as abbreviations and is often cheaper and faster. This method is also used in preserving relationships between parties. 

It can be used for disputes such as:

  • Selection 
  • Eligibility
  • Discrimination, bullying, harassment 
  • Disciplinary matters
  • Other types of disputes. 

3. Facilitation- 

It is the process of alternative dispute resolution where a neutral individual helps a group of parties or individuals to work together more effectively. Facilitation is also a term that can mean different things to different people. 


A facilitator may work with small groups within an organization or representatives of other companies who work together collaboratively or in a consensus-building process. A facilitator might be internal or external; they might be from the organization or brought outside. 


No matter what, they need to be acceptable to all members of both parties, and such facilitators are process leaders only and do not hold any decision-making authority and also do not contribute to the substance of the discussion. 

Reasons To Use Facilitation: 

  • The role of a facilitator is to build or repair business relationships using an adversarial "winner-take-all" approach into a more collaborative process to meet the needs and interests of all parties.
  • It can be used for different purposes at different times, during contract renewals or during renegotiations. 
  • To reduce the risk of conflicts that might escalate to more serious legal or business disputes that can lead to further problems in the future. 
  • It can be used if negotiation between both parties needs to be confidential and flexible to identify problems and options for resolution. 

4. Conciliation-

It is the dispute resolving process where a neutral third-party known as a conciliator helps people in conflict to negotiate an agreement that all parties can accept actively.


A conciliator such as the best property lawyer is a specialist who can help to mend ways between business partners and resolve conflicts.
They can actively work with parties to:


  • Develop different options 
  • Identify what the dispute is all about 
  • To help both parties reach an agreement 
  • To consider the available alternatives 

A conciliator plays an active and advisory role in the conciliation process and factual and legal issues in disputes. They help to provide opinions regarding the strength and weaknesses of party positions and offer advice on possible outcomes. 

Reasons To Use Conciliation:

Conciliation is less formal compared to arbitration and is also faster and cheaper. Compared to mediation, a conciliator's active and advisory role can help when issues in a dispute are complex, and the views of parties differ. 

You can use conciliation for disputes over:

  • Selection 
  • Eligibility 
  • Disciplinary matters 
  • Discrimination, bullying or harassment 
  • Other types of disputes

Mediation and conciliation are not available for anti-doping disputes or appeals. For a conciliation to be successful in resolving a dispute, all parties must agree on the given outcome. This is not the same as arbitration, where the arbitrator hears the evidence and makes a binding and enforceable decision regarding the outcome.  


This indicates that there is no guarantee that a conciliation process can deliver a resolution. But similar to medication, conciliation can give the parties more control over the outcome, which will help improve the chances of all parties being satisfied with the results.  


A conciliator such as the best property lawyer in Perth can also play the role of an advisor and help parties to evaluate their positions better and also help to find a compromising solution.

5. Arbitration-

Arbitration is not only an efficient but also a relaxing way to resolve disputes. The parties present their arguments and evidence to an arbitrator, who makes an enforceable and binding decision. 

Reasons to use arbitration:

You can use arbitration for disputes over:

  • Selection 
  • Eligibility 
  • Anti-doping 
  • Appeals 
  • Disciplinary matters
  • Other types of disputes 

It is the only dispute resolution method that is available for anti-doping issues where you cannot use the other types of the dispute resolution process for anti-doping disputes.


In arbitration, an unbiased third party will hear evidence and decide on how to resolve a dispute. Most of the arbitrators are qualified and top administrators who can help resolve the most significant disputes. 

How We Make A Difference? 

If you want to hire a mediator, arbitrator or negotiator to resolve issues with any other party, you can hire Property Lawyers Perth. They are one of the top services that provide you with the best and most experienced property dispute lawyers.


These lawyers can help solve cases that involve property, such as agreements, licenses, property transactions, property settlements, commercial assistance, estate planning and much more. 


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