Analysis of Dispute Resolution Methods for Community Projects

This report provides a detailed overview of various dispute resolution methods, including mediation, arbitration, adjudication, negotiation, conciliation, and litigation. It explains the principles of the Australian Industrial Relations System and highlights the importance of dispute management and negotiation, emphasizing a collaborative and win-win approach. The report also identifies key stakeholders in a community project, such as the Marriner Family, Planning Minister, local community, and various consultative panels including architects, civil engineers, and quantity surveyors. It explores how these stakeholders can be involved in the dispute resolution process and the role of project management in managing the project and resolving disputes. The report references various sources, including government websites, legal resources, and construction industry publications.

Assignment 2 Group
Community and Industry Relations
I. Dispute Resolution
I.1 Alternative Dispute Resolution
I.1.1 Mediation
This is a process which is involved parties, Tribunal members and mediator to resolve the
dispute issues as well as prefer more options or alternative ways to get an agreement
between those parties. The mediator may advise or pick the process of mediation.
I.1.2 Arbitration
It is the process of alternative dispute resolution. This is a replacement to lawsuit
I.1.3 Adjudication
This is a form of Alternative Dispute Resolution. The adjudicator determine dispute while
work progresses, the decision is binding by Adjudicator’s until Arbitration or the
agreement of other parties are determined dispute.
I.1.4 Negotiation
This is the method which is attempted first to resolve a dispute. Negotiation try to control
the process and the solutions by the parties before they move to another process of
dispute.
I.1.5 Principle of AU Industrial Relations System
I.1.6 Conciliation
This is a process which is involved parties, assist of a Tribunal members and officer as
well as the Conciliator to resolve the disputed issues and prefer more options or
alternative ways to get an agreement between those parties. They may suggest for terms
and encourage the parties to reach an agreement. Finally, they also advise on and define
the process of conciliation where the resolution is endeavoured.
I.1.7 Litigation
The participants and other parties will present the points of view as well as the facts to a
judge. This process can be made by the parties or be embodied by a lawyer. This is not a
best process but if the participants don’t reach an agreement then they need to make
decision go to the court.
I.2 Facilitative Dispute Resolution
This is a process which is involved parties, assist of a dispute resolution practitioner that mean is a
facilitator. It determines the problems and disputed issues that need to be solved as well as the tasks
need to be completed. Facilitation try to assistance the parties to rise the options or create more
alternatives to reach an agreement.
I.3 Advisory Dispute Resolution
This Process assistance the practitioner examines and assess the dispute and give them advice. In
particular, the Forum Theatre dispute resolution can be look at the case appraisal, the stakeholders or
other parties may offer or use an advice from professional advisors.
I.4 Determination Dispute Resolution
The dispute is evaluated by dispute resolution practitioner, the parties give the formal evidence and
makes a determination.
I.5 Dispute Management and Negotiation (Collaborate and Win-Win)
To manage dispute between Builders and other parties in Forum Theatre. There are several
steps and ways that they can be used to reduce or respond to disputes. Before going the

court or tribunals Builder and participants involve in the dispute should talk and listen to
ensure they are understand the points of view of each other’s then try to resolve the dispute.
If the dispute still not resolve then apply another procedures such as Mediation, Conciliation,
etc. It can be helps by the third party’s person as they can give suitable advice to help the
people involved reach an agreement. Finally, the people involved in the dispute will make
decision, which will be resolve the dispute or continue dispute and go for higher level that is
courts and tribunals.
There are a various methods of dispute resolution in construction industry. It has a huge
impact on the successful of the projects. Therefore, it is crucial for both contractors and
employers to understand their options and to make sure that contracts which the parties enter
into include correct dispute resolution clauses.
I.6 Key Stakeholders
 Marriner Family
 Planning Minister and State Government
 The Greens
 Local Community / Residents / Users
 Local Council
 Trade Unions
 Heritage Victoria and Heritage Advocate Group
 EPA, Vic roads, Department of Infrastructure and Transport and others may be
involved
I.7 Surveys
I.8 Consultative Panels
Forum Theatre may include the number of consultative panels such as:
 Architectural
In term of design and consultation with Marriner Family. They are understanding what they
want from Forum Theatre. Before the building is built the architects have multiple meeting and
discussions with different members in this project to keep the project on track. They play an
important role and help other consultative panels complete the project faster. Architects also
involve in preparation of drawings, Cost estimation and construction contracts.
 Civil and Structural
As a part of design of structural they also include Site and Work Investigations of the Forum
Theatre and communication with stakeholders to ensure they are use right info between
members of consultative panels avoiding confusion and mistakes can occurs
 Engineering
As part of consultation in Forum Theatre, they will give advice when Marrinar family needs
any opinion on some engineering issues in the building. They analysis and simple
calculations or they also can observe and review structures or equipment to be used at the
site.
 Quantity Surveying (QS)
They play a critical role in term of estimate and monitor Forum Theatre costs. They also
contribute to mediation and arbitration if necessary. Quantity Surveying cooperate with
Architects, engineers, contractors, Marrinar family and other stakeholders. QS also help
Marrinar members achieve the most economical way. They also involve in the case of dispute
as they act like expert witness.
 Project Management
Forum Theatre is the large project and involve many stakeholders which is complicated
environment so Project Management take responsibilities to scheduling work and control the
flow of labour, equipment and materials of this building site as well as manage Human
Resources and financial.

Reference:
 Administrative Appeals Tribunal, 2016, Mediation Process Model, viewed
01/05/2018, http://www.aat.gov.au/steps-in-a-review/alternative-dispute-
resolution/mediation-process-model.
 Legalvision 2018, What is Arbitration, viewed 01/05/2018,
https://legalvision.com.au/what-is-arbitration.
 Lovegrove and cotton construction and planning Lawyers 2018, Adjudication
explained, viewed 01/05/2018, http://lclawyers.com.au/adjudication-explained/
 Cornell Law School, n.d. Alternative Dispute Resolution, viewed 01/05/2018,
https://www.law.cornell.edu/wex/alternative_dispute_resolution
 Australian Government n.d, Alternative dispute resolution, viewed 04/05/2018,
https://www.ag.gov.au/LegalSystem/AlternateDisputeResolution/Pages/default.aspx
 GD Knowledge 2016, Different methods of dispute resolution in construction
disputes, viewed 04/05/2018, http://gdknowledge.co.uk/different-methods-of-
dispute-resolution-in-construction-disputes/?
utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original
 The Constructor Civil Engineering Home n.d, Roles and Responsibilities of a
Consulting Civil Engineer, viewed 05/05/2018,
https://theconstructor.org/construction/consulting-civil-engineer/12997/
 Australian Institute of Quantity Surveyors n.d, History of Quantity Surveying, viewed
05/05/2018,
https://www.aiqs.com.au/imis/AIQS_Website/About/What_is_a_QS_/AIQS_Website
/About/What_is_a_QS_.aspx?hkey=75ff0452-67ec-4747-8100-34fb97d1e989
 Raut MS, 2011, Role of Project Management Consultant to coordinate between
clients and contractor, viewed 05/05/2018,
http://grad.unizg.hr/otmcj/clanci/vol3_is2/Clanak_8%20OTMCJ_2_2011_web-5.pdf