Resolving disputes

Law enforcement agencies:

The police:

• Aspects of state policing can include assisting with mediation in family and neighbourhood disputes, particularly those involving domestic violence

• The Australian Border Force also deals with disputes, primarily involving:

  • Immigration

  • quarantine

  • family law

  • law enforcement

Disputes between individuals:

• Going to court can be expensive in both money and time

• Alternative dispute resolution uses a variety of methods to resolve disputes between parties without involving court processes

Negotiation:

• A discussion between two or more parties with the aim of reaching a mutually beneficial outcome

• It involves consideration of the other party’s views, and often some degree of compromise

• It is frequently the first stage in resolving a dispute between parties

• It only involves the parties involved and therefore is usually low in cost

Mediation and conciliation:

• Both have similar procedures and are usually confidential

• Both involve a neutral and independent third party who helps the parties to negotiate their disagreement and come to a decision

• The mediator does not provide advice on the matters or impose a decision on the parties, through their negotiation and listening skills the mediator is able to assist the parties in examining the issues and the parties will come up with their own solutions to settle the dispute

• In conciliation, the third party also helps the party to identify the issues, consider alternative options to solve the dispute and reach an agreement

• Conciliators may advise the parties, although he or she does not make a decision for them

Arbitration:

• A formal process, in which an independent third party is brought in to determine how the dispute is to be resolved

• Is useful when the subject matter of the dispute requires an expert and/or when a court-like procedure is desired, but with a greater degree of confidentiality

• Is used when a contract specifies arbitration for the resolution of any disputes arising

Courts:

• If the individuals involved in a dispute cannot resolve it by way of alternative methods, they will need to take the matter to litigation

Tribunals:

• Offer a less formal and expensive method of resolving disputes than the court system

• Individuals do not require legal representation and the person pressing over the tribunal may have specialist expertise rather than specific legal training

Disputes with the state:

Non-legal methods of challenging state power:

• The media:

  • By writing letters, sending emails, calling television

    and radio stations or posting status updates on social

    media sites, citizens are able to inform the community

    of a decision they think is unfair, unjust or harsh.

• Members of parliament:

  • Members of state and federal parliaments (MPs) are elected by voters to represent a particular area or electorate

  • All citizens within an electorate are able to contact the office of their representative and speak to their MP about an issue that may trouble them.

• Trade unions:

  • Groups of people in various industries unite to form trade unions to protect their rights and conditions of employment

• Interest groups:

  • People can also form groups where they share political values or aims or have a specific goal of challenging a state decision.

  • Individuals can join these groups and engage in activities of various types, or donate money to fund their activities

Legal methods of challenging power:

• Internal reviews:

  • In NSW government departments can review their own decisions, procedures or behaviours

  • Such reviews are very cost-effective, but can be ineffective in terms of practical outcomes if the people conducting the review have been involved with a decision that is not appropriate or incorrect

• External reviews:

  • Reviews of government activities can also be undertaken externally, there are a number of ways this can happen