What's the correct order for the dispute resolution process (ER) (1 Viewer)

[Enchantress91]

The following are from the syllabus, but I'm a little confused about placing them in the correct order.

conciliation
arbitration
grievance procedures
negotiation, mediation
common law action
business closure

And also, what's the difference between conciliation and mediation?

Omg 4 days till the HSC and I haven't even done a single past paper.

 

[Evertonian]

The following are from the syllabus, but I'm a little confused about placing them in the correct order.

conciliation
arbitration
grievance procedures
negotiation, mediation
common law action
business closure

And also, what's the difference between conciliation and mediation?

Omg 4 days till the HSC and I haven't even done a single past paper.

Im pretty sure mediation is when both parties that are in a dispute, mutually agree on a third party mediator usually in the form of HR specialist or lawyer. They attempt to help the parties reach a dispute.

Conciliation is when the Industrial Tribunal appoints a conciliation commissioner. Like he/she will call a compulsory meeting so that both sides can be heard. The decision is not legally binding.

i think...

 

[1337z4u12]

The following are from the syllabus, but I'm a little confused about placing them in the correct order.

conciliation
arbitration
grievance procedures
negotiation, mediation
common law action
business closure

And also, what's the difference between conciliation and mediation?

Omg 4 days till the HSC and I haven't even done a single past paper.

The points outlined in the syllabus dont correspond to a liner order, rather terms you need to be familiar with. Generally, the dispute resolution process follows

Negotiation --> Mediation --> Conciliation --> Arbitration --> biz closure

Mediation is where a 3rd party (union, lawyers) becomes involved to help resolve, to oversee or help make a resolve. It occurs outside the business. The main point to understand is that the resulting solution is NOT legally binding.

Conciliation is has 3rd party involvement. Occurs outside of the business. The government (using the body FairWork Australia) is notified of the conflict and a mediator on behalf of FWA is sent.

Arbitration occurs in a tribunal organised by FWA and is set up like a court and lawyers are used. The solution from this process IS legally binding (that is, parties involved must comply to the agreements made).

 

[robm]

ok hears what i don't get, is the grievance procedure taking the following steps:

Negotiation --> Mediation --> Conciliation --> Arbitration

or is Grievance procedures a part of the steps:

Grievance Procedure --> Negotiation --> Mediation --> Conciliation --> Arbitration

 

[loz1]

Conciliation is has 3rd party involvement. Occurs outside of the business. The government (using the body FairWork Australia) is notified of the conflict and a mediator on behalf of FWA is sent.

isn't conciliation legally binding too as well as arbitration?

 

[1337z4u12]

ok hears what i don't get, is the grievance procedure taking the following steps:

Negotiation --> Mediation --> Conciliation --> Arbitration

or is Grievance procedures a part of the steps:

Grievance Procedure --> Negotiation --> Mediation --> Conciliation --> Arbitration

A grievance procedure is the internal system of reconciling conflict that a business has created. Grievance procedures will differ from business to business. If the grievance procedure of a business fails to resolve the conflict then the employee may want to directly negotiate with employer and enter the dispute resolution process.

isn't conciliation legally binding too as well as arbitration?

no its not... otherwise there would be nothing different between conciliation and arbitration. The gov. is just notified when a business goes into he conciliation stage. The legal costs of going to arbitration would have to make it pretty serious for any stakeholders to bring it there.

 

[Eddykungfu]

There is actually another step after arbitration (not syllabus, but you can use it in an extended response), they can make an appeal to the high court of australia.

But this is VERY expensive, hence parties in conflict normally leave it after Arbitration (Which is legally binding)