WEEK 8 – Alternative Dispute Resolution

Rebecca Leshinsky – Barrister

I found this to be one of the most interesting and useful presentations of the semester.

ADR is the dealing of conflicts and disputes, similar to litigation. In a general sense it is used before litigation but in many cases also applies post litigation. Usually involves the use of a 3rd party to help mediate the situation. It is good way to avoid the risks and costs of litigation. Also results in a happier resolution as both parties must agree. Essentially is compromise.

I never realised how many alternatives were available that were widely accepted. It seems like in most scenarios if you can get the parties involved to agree to one of the following methods then you will achieve a happier outcome.

NEGOTIATION –

  • Authority needed to settle without a client
  • Consider options of both sides
  • Consider a compromise
  • How will communication be undertaken
  • What is the desired outcome

 

MEDIATION –

  • Used for a variety of conflicts
  • Used in conflicts where no future planning is needed
  • Drawn from all careers
  • Can take hours or centuries

CONCILIATION –

  • The councillor can only hold an advisory role
  • Councillor must be impartial

ABRITRATION –

  • Chosen by the parties involved
  • Essentially treated like a court case
  • Arbitrator makes the final determination that cannot be undone

Susanne Tepe – OHS

From Susanne Tepe’s presentation I didn’t learn much in regards to what the actual risks involved in our line of work were but the real value came from how to properly deal with these risks before they can become imminent.

Not only is it important to reduce the risk for your own safety but also from a legal standpoint. As a business if you do not do everything in your power to enhance the health and safety of your employees then you are far more liable when any safety issues occur. Therefore it is important to have as many measures as possible addressed no matter how menial they seem.

A lot of this came down to risk assessment forms and risk management forms to be completed before any work in the field is undertaken. These forms should be tailored to suit each job and account for the different risks that may be encountered. Another important piece of paperwork to complete is a JOB SAFETY ANALYSIS. Which can be found as a generic sheet on line and tailored to suit on the job.

 

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