Methods of Resolving Disputes

Joel and Sandra both work at a fast food store. Joel has noticed that Sandra consistently makes racist remarks about customers behind the drive-through window. Joel is personally offended by these remarks.  Given that both Joel and Sandra work for a large fast food store, what dispute resolution mechanism should Joel consult as the first port of call?

• Arbitration

• Conciliation

• Grievance Procedures

• Negotiation

Following multiple attempts at resolving a workplace dispute together, Marcus and David have resorted to a process whereby an independent third-party consult the parties privately over the phone and provides suggestions for their dispute. This process is the final informal dispute resolution mechanism. Which dispute resolution mechanism are Marcus and Oscar currently participating in?

• Negotiation

• Arbitration

• Mediation

• Conciliation

Ted and Hunter both work in the Finance department at Telstra. Following multiple disagreements in the workplace, the parties have progressed to the stage where a representative from the Human Resource function has organised to meet with both Ted and Hunter in an attempt to reach a mutually satisfying resolution. Which dispute resolution mechanism are Ted and Hunter currently participating in?

• Negotiation

• Arbitration

• Mediation

• Conciliation

Maria and Hugo both have a habit of engaging in ‘banter’ in the workplace. One day, Maria took the banter too far and genuinely offended Hugo. As a result, Hugo’s demeanor at work has changed. He read the grievance procedure policy for their workplace and approached Maria informally to resolve the incident. Which stage of the dispute resolution process is Hugo currently participating in?

• Arbitration

• Negotiation

• Mediation

• Grievance Procedures

Luke (employer) and Lisa (employee) have been engaging in a workplace dispute for a long time. Many of the informal dispute resolution methods have unfortunately failed. This stage of the process will resolve Lisa and Luke’s dispute as it is considered the ‘last resort'. Which stage of the dispute resolution process is Luke and Lisa currently participating in?

• Grievance Procedures

• Negotiation

• Mediation

• Arbitration

‘4 OUT of 5 disputes are resolved [in conciliation] before reaching Arbitration’ - Conciliator for the Fair Work Commission (2013). What is an advantage of resolving a workplace dispute through Conciliation prior to reaching Arbitration?

• It is just a suggestion.

• It ruins staff motivation.

• It allows the parties to have a more involved say in the dispute.

• It allows the parties to resolve their dispute without involving a third party.

Arbitration has teeth because it is _______ _______.