Discuss about the Alternative Dispute Resolution for Consumers.
The essay establishes various information related to the Alternative dispute resolution (ADR). It resolves all the disputes related with family, business, and consumers before that goes to a court or tribunal. Parties use its method because those are quick, private and less expensive than a trial and provide benefits according the process of Mediation, Expedited Arbitration, Expert Determination, Negotiation and Conciliation (Ag.gov.au 2017).
Alternative Dispute Resolution (ADR) describes resolution of disputes where an independent person can be an ADR practitioner, helps people to sort out any disputes between them and the disputes before it appears to a court or tribunal (Benvenuti, Consults and Whiteman 2016). ADR work as third person and never assign with the decision made by a court or tribunal. When resolving disputes process fails to perform, ADR offer the solving ways to consumers (Ag.gov.au 2017).
Alternative Dispute Resolution (ADR) did not set any particular rules or principles for providing their services to the consumers. They have the most common principles of accessibility, independence and transparency. In international sector OECD E-commerce, make safe guidelines for ADR, for giving best resolution of the dispute (Ag.gov.au 2017). The International Standards Organisation (ISO), which is one of the most successful ADR upgraded their standards on this. In national sectors, some OECD member countries also developed the resolution of disputes in ADR schemes. Like – in 1997, the Australian Government introduced Benchmarks for Industry-Based Customer Dispute Resolution Scheme, which developed their industries according the dispute schemes, consumers groups, government and enforcement authorities (Ag.gov.au, 2017). The National Alternative Disputes Resolution Advisory Council (NADRAC) has also developed their standards and principles of ADR in collaboration with government and private sectors (Ag.gov.au 2017). ADR is always used as an alternative solution of litigation and an alternative solution of violence. For several reasons people these days across the world want to use the ADR process. Not only the family disputes but also in any international or domestic sectors the government use such process. In the consumer and commercial purposes in every country Alternative Dispute Solution uses in business and trade disputes. The consumer who related to the trade business are always prefer the solution for resolve the disputes in their business. The arbitration process is much more effective in this process. ADR now also uses its internet methods for resolve the solution. It is known as Online Dispute Resolution. It mainly operated or controlled through government resolution.
There is lot of benefits that people gets from ADR. It increase the controlling participation process and give suitable results and helps to work according the participant’s need where they invest their time and efforts. It always provide proper model of resolving disputes, which helps people in future to operate disputes and describes the process where parties can learn their aims and interest about each other which help to provide a clear and fair process.
ADR now working in a brief area in Australia with useful approaches which assigning with resolutions of disputes. It deals the conflict managements through preventive, collaborative, facilitative, fact-finding, advisory and mandatory ways.
Alternative Dispute Resolution (ADR) operates their solution according the four methods. Those are:
Mediation: Here, the parties can operate as an individual as mediator. They listen to each other, work on the disputes and resolve that. It develop the disputes resolution in each issue and give the best solution (Benvenuti , Consults and Whiteman 2016). A mediator can be useful if it make a proper and respectful discussion, showed the safe presence for each other, control own outcome, maintain good relation, keep their discussion confidential.
Expedited Arbitration: Arbitration is a process where parties can present or displays their viewpoints and facts to the arbitrator who acts as an individual person. The arbitrator gives decisions as per information. It is a basic formal process than mediation. In the process parties can involved directly and broadly for producing their facts or evidence to a dispute resolution practitioner (Benvenuti , Consults and Whiteman 2016). It has different modes of works. It must be a private procedure where the arbitrator must non-governmental and never involved with the state court system. Arbitration process always showed determination of rights towards the parties. It has own consensual nature. In arbitration, parties must agree to fix their differences according the disputes (Donaldson 2014). The proper flexible process should apply on the dispute solution.
Arbitration can required under a court order or which can be a part as a contract. When parties involved, they sometime issues their disputes according agreement or contract. Their processes are better and quicker than a court (Donaldson 2014). Arbitration process also work with the disputes in between a boss or with employee.
Expert Determination: The dispute complies between parties as per agreement or contract. The determination must be irrevocable.
Negotiation: Negotiation is another form to resolve disputes in ADR. A negotiation can be process by develop the dispute issues. It must fix a goal to work according the agreement. Only produce irrevocable decision after the end of negotiation (Donaldson 2014). To look after when and how the negotiation process took place and made the decisions. Consult with the negotiator whether communicate directly or assisted by any representative (Benvenuti , Consults and Whiteman 2016). Parties must present the actual issue. Listen to both parties recognized important issues. Its duty of a negotiator communicates with the parties before the negotiation process. They make a proper procedure before processing. They must be faithful to their work and perform properly for dispute issues (Creutzfeldt 2014). The outcomes are always beneficial for the parties.
Conciliation: In ADR, the parties can conciliate with a conciliator for solving the dispute issues.(Creutzfeldt 2014). Sometimes it has become a part of a court, tribunal or government agency process. Its work only for the disputes (Donaldson 2014). According the both parties consultation toward the agreement is necessary. It must to set a goal for proper workable contract. It develops or flourishes issues for resolving the disputes. Gather expert advices and legal consequences. It is important to listen both the parties in this process.
Conciliation can be appropriate when parties want to involve a third party for resolving the disputes. Conciliators have also some duty toward the people. They also work as mediator. They should know all references towards the disputes. It must process with proper guidelines for resolving disputes. Through the process, it will communicate with proper way with the parties (Creutzfeldt 2014). The conciliators never take sides or make individual decision.
The Alternative Dispute Resolution gives their services in Australia for providing their separate assignment for resolving the issues. It has developed their aspects in industries for domestic and international business (Creutzfeldt 2014). ADR not only work with industries but also resolve the issues in commercial, family and workplace disputes which is cheaper, faster, and comfortable which is better that going to court or tribunal. The ADR has already gave their services toward the industries from last five years in Australia. The industries growth their business aspects with the involvement Of ADR and resolve the disputes for a better future in business industries (Donaldson 2014). In addition, the litigation of excessive cost and growth of business help the country for settle their relation internationally. It always work confidentially which always help the country for doing better performance in business sector and never damage the relationships between them . Alternative Disputes Resolution provided the benefits according the process of Mediation, Expedited Arbitration, Expert Determination, Negotiation and Conciliation. Since the Resolve to resolve report by the National Alternative Disputes Resolution Advisory Council ( NADRAC) has publishes in 2009 , the ADR had growth their promotions in at various levels of the government. At the Federal level, people resolve their disputes according the Civil Dispute Resolution act 2011. They took care about the disputes before that commence to a court or tribunal.
The domestic and international ADR are different in their aspects. In domestic arbitration, the litigation includes the depositions uses and production of documents. While in the international arbitration, it includes the deposition and documentation along with the council witnesses. If the process allows the witnesses then the arbitrators will examine it. Not by the witnesses but also different in the culture, ideas and trend in worldwide.
ADR works with the issues with the consumer disputes. Here, consumer first complain or point out the disputes. Then if that fail to perform then consumer can choose an independent complaints body like the National Consumer Agency. In this agency, ADR works on disputes.
Conclusion
This assessment provides the information about how the Alternative Dispute Resolution works in resolving disputes. Their modern process of resolving applied not only Australia, but worldwide they works every disputes like family, organisation, business, consumer and every possible matter that disputes may resolve without going to a court or a tribunal. In that essay it is briefly described how ADR works internationally and domestic consumer transaction with the parties and as well as the resolving the disputes.
Reference
Alternative dispute resolution | Attorney-General’s Department. [online] Availableat: https://www.ag.gov.au/LegalSystem/AlternateDisputeResolution/Pages/default.aspx [Accessed 18 Apr. 2017].
Benvenuti, J., Consults, J.B. and Whiteman, C., 2016. Consumer access to external dispute resolution in a changing energy market.
Creutzfeldt, N., 2014. Alternative Dispute Resolution for Consumers.
Donaldson, L., 2014. Alternative dispute resolution. ADR, Arbitration, and Mediation, p.91.
Fiadjoe, A., 2013. Alternative dispute resolution: a developing world perspective. Routledge.
Gill, C., Williams, J., Brennan, C. and Hirst, C., 2014. Models of alternative dispute resolution (ADR). A report for the legal Ombudsman. Queen Margaret University Retrieved from.
Ipaustralia.gov.au. (2017). Alternative dispute resolution for Australian business | IP Australia. [online] Available at: https://www.ipaustralia.gov.au/about-us/news-and-community/news/alternative-dispute-resolution-australian-business [Accessed 18 Apr. 2017]. (Ipaustralia.gov.au, 2017)in text
Mackie, K.J. and Mackie, K. eds., 2013. A handbook of dispute resolution: ADR in action. Routledge.Moens, G.A. and Evans, P., 2015. An Australian Perspective on Arbitration and Dispute Resolution in the Resources Sector. In Arbitration and Dispute Resolution in the Resources Sector (pp. 1-5). Springer International Publishing.
Spencer, D. and Hardy, S., 2014. Dispute Resolution in Australia: cases, commentary and materials. Thomson Reuters.
Trakman, L.E., 2014. Investor-State arbitration: evaluating Australia’s evolving position. The Journal of World Investment & Trade, 15(1-2), pp.152-192.
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