close
Logos/ADoP/Coloured
Find a Churchsearch icon
Visit the Public site

Alternative Dispute Resolution

Combined ShapePathPortalPathResourcesPathWHS & Risk ManagementPathPsychosocial HazardsPathAlternative Dispute Resolution

Overview

Crime and Security

Electrical Safety

Fire and Emergency Response

First Aid

Food Handling

Hazardous Substances

Managing Contractors

Manual Handling

Slips, Trips and Falls

Volunteers

Working Alone

Alternative Dispute Resolution

1.

Restorative Engagement

1.1Restorative engagement means facilitated processes in which people affected by an act or harm, and /or events which has led to conflict meet together voluntarily in a facilitated group conference to explore what has happened; how people have been affected; and collaboratively decide what is necessary to repair harm, prevent recurrence and reset (renew or release) relationships.
1.2Restorative engagement can, in principle, be introduced at any of the following points, depending on the needs of the Diocese and the participants:
  1. Diversion: As an alternative to making a formal complaint where a person wants to resolve a conflict informally without making a formal complaint (while knowing that their right to make a complaint is never forfeited by engaging in a restorative process).
  2. Formal referral: After a Committee or Board has discussed the possibility of restorative conferencing with potential participants, has received their voluntary consent to engage in the process, and has then formally referred the participants to a restorative conference facilitator.
  3. Post investigation/findings: Some time after a formal investigation and findings process has run its course (because either the diocese or the participants have required such a process to occur).
1.3No one may be pressured or coerced to participate in a restorative conferencing process.
1.4Restorative conferences are appropriate where the essential facts of what has happened are not in dispute and where there is a shared desire by all participants to talk openly and honestly about what has happened and to repair and reset relationships. A restorative conference is not appropriate for ‘assisted negotiation’ around disputed interests. The latter should be referred to mediation.
1.5Restorative conferences may be used to address:
  1. a single act of undisputed harm,
  2. conflict arising from a series of poorly resolved disputes, or
  3. an issue of shared concern.
1.6When parties involved in a formal complaint have been formally invited to consider engaging in a restorative process, no formal complaints investigation will be instigated or continued until the restorative process has run its course. If a restorative agreement is reached which is satisfactory to the parties involved, no further action will be taken, except that the Committee or Board may, in some situations, wish to ensure that any agreements reached are enacted. If agreements are not followed through, then a formal complaints process may be restarted.
1.7Restorative conferences should generally be facilitated by someone who has undertaken specialist restorative conference training to a level recommended by the Australian Association for Restorative Justice (www.aarj.org.au). A restorative conference facilitator may decide to recommend that a restorative conference should not proceed if he/she believes the conditions are not conducive to restorative engagement.
1.8Any participant in a restorative conference may decide at any point to cease their involvement.
1.9The confidentiality and/or who can view a restorative agreement will be decided by the participants in the conference. Where a conference has been set up as a result of a referral from a Committee or Board, a copy of the restorative agreement will be sent to the Committee or Board.
1.10A restorative conference is not an investigation and does not make findings. There is no documentation from a restorative conference apart from any final agreement. What is said in a restorative conference may not be used in any subsequent complaints process, (should the conference process not proceed to conclusion).
1.11For the purposes of this guidance and the related statutes the principles of restorative engagement are:

a. participation is voluntary;
b. the process provides an opportunity for open and respectful dialogue about harm, or conflict and its impact;
c. if other parties have been directly affected by the incident, they should be invited to participate in the restorative process and may determine the level of their involvement;
d. Independent facilitation of the process should be considered and used where appropriate;
e. outcomes should always seek to address harms and needs and promote repair; and,
f. outcomes must reflect the agreed view of all parties;

2.

Conciliation

2.1Conciliation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the conciliator), identify the issues in dispute, develop options, consider alternatives and endeavour to reach an agreement. The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution, but not a determinative role. The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely settlement terms, and may actively encourage the participants to reach an agreement.
2.2 Role of Conciliator
2.2.1 The Conciliator shall be independent of and act fairly and impartially as between the parties.
2.2.2 The Conciliator shall assist the parties to negotiate between themselves a mutually acceptable resolution of the dispute, by:
  1. helping the parties to identify and define the issues in dispute;
  2. helping the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively;
  3. where appropriate, suggesting particular dispute resolution techniques for individual issues aimed at narrowing the issues in dispute quickly, fairly and cost-effectively; and
  4. acting as the facilitator of direct negotiations between the parties.
2.2.3 During the conciliation process, the Conciliator may convene such meetings between the parties as the Conciliator considers appropriate, for the purpose of:
  1. identifying and defining the issues in dispute, and
  2. resolving or narrowing the issues in dispute, on terms acceptable to the parties.
2.2.4 During the conciliation process, the Conciliator may, in his or her unfettered discretion, communicate and discuss the dispute privately with any of the parties or their representatives or advisers. The Conciliator shall preserve absolute secrecy of the content of any such communication and shall not expressly or impliedly convey the content of such communication (or part thereof) unless specifically authorised to do so.
2.2.5 Unless otherwise agreed by the parties, a Conciliator may also exercise the additional functions set out in sub-paragraphs a and/or b below if the Conciliator considers that the exercise of those functions will assist the parties in resolving the dispute.
  1. make suggestions for settlement of the dispute; and
  2. express opinions as to what would constitute a reasonable resolution of the Dispute, or any part thereof.

3.

Mediation

3.1 Mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution but may advise on or determine the process of mediation whereby resolution is attempted. Mediation may be undertaken voluntarily, or it may be directed.
3.2 Role of Mediator
3.2.1The Mediator shall be independent of and act fairly and impartially as between the parties.
3.2.2The Mediator shall assist the parties to negotiate between themselves a mutually acceptable resolution of the dispute, by:
  1. helping the parties to identify and define the issues in dispute;
  2. implementing a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively;
  3. where appropriate, suggesting particular dispute resolution techniques for individual issues aimed at narrowing the issues in dispute quickly, fairly and cost-effectively; and
  4. acting as the facilitator of direct negotiations between the parties.
3.2.3During the mediation process, the Mediator may convene such meetings between the parties as the Mediator considers appropriate, for the purpose of:
  1. identifying and defining the issues in dispute, and
  2. resolving or narrowing the issues in dispute, on terms acceptable to the parties.
3.2.4During the mediation process, the Mediator may, in his or her unfettered discretion, communicate and discuss the dispute privately with any of the parties or their representatives or advisers. The Mediator shall preserve absolute secrecy of the content of any such communication and shall not expressly or impliedly convey the content of such communication (or part thereof) unless specifically authorised to do so.