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The Institute of Arbitrators and Mediators Australia

Workplace Disputes

Guidelines
Alternative Dispute Resolution Assistance Scheme (ADRAS)
What can the IAMA do for you?
Step by step instructions
Standard Model Clauses

Seeking assistance from IAMA to resolve workplace disputes

Formed in 1975 the Institute of Arbitrators & Mediators Australia (IAMA) is Australia's oldest, largest and most respected professional association of arbitrators, mediators and conciliators.

IAMA provides Alternative Dispute Resolution (ADR) services in accordance with the requirements of the Workplace Relations Act including the Australian Government’s Alternative Dispute Resolution Assistance Scheme (ADRAS).

By choosing an ADR provider from the IAMA Panel of ADR Providers you will be assured of sourcing accredited, experienced and trained practitioners committed to providing a quick, cost effective and fair industrial relations dispute resolution process.

There is no fee payable to IAMA for lodging an application for selection of an IAMA ADR Provider.

IAMA ADR Providers are bound by IAMA Workplace Dispute ADR Rules where the parties have agreed to use the Rules.

RELATED DOCUMENTS

Application for appointment of ADR Provider
ADRAS information
IAMA Workplace Dispute ADR Rules

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Alternative Dispute Resolution Assistance Scheme (ADRAS)

The Australian Government announced on 28 April 2006 a financial assistance scheme to encourage employers and employees to refer workplace disputes to private alternative dispute resolution providers.

The Department of Employment and Workplace Relations (DEWR) has produced an information brochure on the scheme.

DEWR’s operational arrangements outline how the Australian Government will subsidise eligible disputes by up to $1,500 (plus $500 for travel in eligible rural and remote areas) to contribute to the cost of using an IAMA ADR Provider or other ADR Provider registered under the ADRAS Scheme.

Applications for the ADRAS contribution must be made to the Department of Employment and Workplace Relations (DEWR) on the DEWR ADRAS Application Form.

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What can the IAMA do for you?
  • Provide either fixed fees or fees based on hourly rates – fees can, by agreement, be limited to the ADRAS contribution when you chose an IAMA facilitative (mediation, conciliation, assisted negotiation, conferencing, case appraisal, neutral evaluation) ADR process. IAMA’s ADR Providers will enter into a fee agreement with the parties.
  • Match your needs with our skilled and expert ADR Providers – IAMA panel members come from a wide range of professional and legal backgrounds with experience in workplace relations.
  • Provide ADR at a time and location of your choice (within certain limits) – as close to the location of the dispute as possible.
  • Provide information about the different types of ADR available - facilitative processes (mediation, conciliation, assisted negotiation, conferencing, case appraisal, neutral evaluation) and determinative processes (arbitration).
  • Facilitate a smooth transition to arbitration if the facilitative process is not successful. The parties have the option of agreeing to have the dispute determined in a final and binding way by arbitration by an IAMA ADR Provider.
  • Provide a simple dispute resolution clause or a more detailed dispute resolution clause for your workplace agreements for inclusion in your organisation’s individual or collective agreements. This clause meets the requirements of the Workplaces Relations Act.

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A Step by Step Guide for Resolving a Dispute
  1. Attempt to resolve the problem or dispute at the workplace first – a genuine attempt must be made to resolve the dispute at the workplace level before the parties can move to the next stage.
  2. If the dispute is not resolved at step 1 you may either complete an application form for selection of an ADR Provider, or contact IAMA National Office (by email, or phone 03 9607 6908) which will assist you to:
    1. Decide on an ADR Process
      1. Facilitative (usually mediation or conciliation) or Determinative (arbitration)
    2. Choose an ADR Provider
      1. The parties may select from names provided by IAMA, or
      2. the parties request that IAMA select the most suitable ADR provider for the dispute.
  3. The ADR Provider contacts the parties to make preliminary arrangements for the conduct of the ADR process including the terms on which the parties wish to proceed. The ADR Provider will also arrange with the parties a mutually convenient time and place to conduct the ADR process.
  4. Once completed, the ADR Provider invoices the Department of Employment and Workplace Relations directly for the ADRAS contribution when the dispute is resolved. If the parties have not agreed to limit the cost of the ADR process to the ADRAS contribution the parties will be required to pay the ADR Provider the balance of fees due under the fee agreement between the parties and the ADR Provider.
Standard Clauses for inclusion in workplace and collective agreements
  1. IAMA offers a short form dispute resolution clause for inclusion in workplace agreements or in executive contracts.
  2. IAMA also offers a more detailed dispute resolution clause for inclusion in either workplace agreements or collective agreements.

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