Dispute Resolution

Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict, dispute or claim. The dispute resolution processes are Conciliation, Arbitration, Grievance procedures, negotiation, meditation, common law action and business/division closure. These are available to all stakeholders. Negotiation, Meditation and Arbitration are the three dispute processes that will be analyzed.

Negotiation is a discussion between two or more disputants who are trying to work out a solution to their problem. This interpersonal process can occur at a personal level, as well as at a corporate or international level. Negotiations typically take place because the parties wish to create something new that neither could do on his or her own, or to resolve a problem or dispute between them. The parties acknowledge that there is some conflict of interest between them and think they can use some form of influence to get a better deal, rather than simply taking what the other side will voluntarily give them. They prefer to search for agreement rather than fight openly, give in, or break off contact. Qantas use the Negotiation method in the Baggage Handlers Dispute 2006 when the Transport Workers Union held discussions with Qantas over health and safety concerns. The union claimed that staff cuts of 30-40% resulted in workers suffering back injuries.After months of negotiations they reached an agreement and both parties were able to settle their differences and get back to work.

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration