Advantages of Alternative Dispute Resolution

Dispute Resolution processes have many benefits including:

• confidentiality
• ability to tailor the process to the dispute
• choice of dispute resolver
• empowering the parties
• cost-effectiveness
• speed
• ability to enhances relationships, including business relationships

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Arbitration

Arbitration is a process for the settlement of disputes in which an independent and impartial arbitrator makes a decision to settle a dispute after considering the representations of the parties. The arbitrator's decision is called an "award" and usually is final and binding on the parties. The award is written and is enforceable by the courts. The Arbitration Act of 1996 contains statutory provisions that govern the arbitration process. Learn more here.

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Mediation

Mediation is a confidential and consensual dispute resolution process in which an independent and impartial mediator facilitates negotiation between the parties to assist them in resolving their dispute. Neither the parties nor the mediator are limited by rules of evidence.

​The mediator is not a decision-maker, and the process is based on achieving co-operation between the parties. The mediator assists the parties to make their own decisions and agreements. The mediator's role is to guide the process so that the issues can be defined, the relevant information produced and options explored without undue delay or legalistic procedures.​

When a dispute is resolved in mediation, a written agreement which sets out the outcomes of the issues that have been resolved at the mediation is signed by the parties.​

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Conciliation

Conciliation is a process in which the parties to a dispute, with the assistance of a neutral conciliator, identify the issues, develop options and try to reach an agreement. A conciliator may have an advisory role on the content of the dispute or the outcome, but not a determinative role.

AMINZ administers the National Panel of Sharemilking Conciliators under the Sharemilking Agreements Order 2001.

Learn more here.

Investigation

An investigation is a dispute resolution process which may be carried out in response to an allegation or complaint. An investigator works within the policies and procedures of the organization involved. After thoroughly investigating a complaint or claim, an investigator submits an objective report which includes the investigator's conclusions and any recommendations. The investigator is not a decision-maker but rather is engaged to provide unbiased information to assist a decision-maker.