What is the process for referring disputes to formal conciliation? You might need to conduct appropriate research to answer the question fully. Discuss in 180–220 word
Definition
Conciliation is defined by the Tribunal as:
A process in which the parties to a dispute, with the assistance of a Tribunal member, officer of the Tribunal or another person appointed by the Tribunal (the conciliator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The conciliator has no determinative role on the content of the dispute or the outcome of its resolution, but may advise on or determine the process of conciliation whereby resolution is attempted, may make suggestions for terms of settlement and may actively encourage the participants to reach an agreement which accords with the requirements of the statute.
The Conciliation Process
The process has five stages. It is intended to be flexible and informal. The conciliator may:
give advice on the case management processes or the practice of
the AAT;
offer opinions as to the issues of factual or legal dispute between
the parties;
give advice about the costs implications and other non legal
consequences; and
ask parties to explain any decision making constraints.
Referral to conciliation will usually take place following a conference.
1. PREPARATION AND CONCILIATOR'S OPENING STATEMENT
The opening statement includes a brief description of the role of the conciliator and participants, the conciliation process and any ground rules.
2. PARTIES' STATEMENTS
Each party or their representative provides a statement about the dispute from their perspective.
Emerging interests, needs and options for resolution are acknowledged for use later in the conciliation.
3. JOINT EXPLORATORY SESSION AND DISCUSSION
The conciliator will take an active role, summarising views and options and may also discuss with the parties the strength and weaknesses of their case.
The conciliator encourages parties to communicate directly with each other. The parties' interests are further clarified.
This provides the basis for joint problem solving, raising options for agreement and may be followed by further joint sessions where necessary.
During this stage, the parties may take a break from joint session to give lawyers instructions and consider offers or advice.
4. PRIVATE MEETINGS
The conciliator may hold private meetings with each of the parties. The conciliator may reality test alternatives and options and comment about potential outcomes and the strengths and weaknesses of each party's case.
5. CONCLUDING JOINT SESSION
There may be a need for additional joint sessions. The conciliator will assist the parties to narrow the issues in dispute.
The conciliator facilitates final negotiations and fine-tuning of the agreement. Alternatively, the conciliation may need to be adjourned or terminated.
If the matter has not resolved, the conciliator will discuss with the parties the next steps to be taken, including the need to obtain any further material. If appropriate, directions may be issued by the Tribunal.
In all ADR processes, the parties must act in good faith (section 34A).
Thanks
What is the process for referring disputes to formal conciliation? You might need to conduct appropriate...
To answer these questions you might need to conduct independent research. How might organisations gather current information about labour supply relevant to their specific industry or skill requirements? Provide at least 10 examples.
Conduct the appropriate research and explain the ATO’s requirements in relation to pay as you go (PAYG) withholding tax. 150–180 words
It might be necessary for you to conduct ________ research if secondary research can't provide the information and insights you need. A. primary B. online C. sponsored D. third-party E. secondary
How would you define ethics? What are three factors that might affect good ethical conduct? Conduct research and provide an explanation of why the Sarbanes-Oxley Act was created and how it relates to ethics. What are the legal liabilities of an accountant? The accounting equation is foundation of accounting. Understanding debits/credits and the account normal balances are just as important. Sometimes, these concepts are difficult to understand and/or remember. Please research the Internet to find fun and easy ways to...
1. How would you define ethics? What are three factors that might affect good ethical conduct? Conduct research and provide an explanation of why the Sarbanes-Oxley Act was created and how it relates to ethics. What are the legal liabilities of an accountant? 2. Perform a research describing the procedures for correcting errors in accounting records. Provide an example.cite at least two sources. 3.Assume that you are the president of your company and paid a year-end bonus according to the...
Given what you know of Bill Clinton's conduct, was impeachment the appropriate response? For a more guided research on this, see this summary page of charges against Bill Clinton. How would they describe the president's behavior? What do they think of Kenneth Starr's conduct?
When preparing to conduct research, one of the first questions that need to be asked is what research and evaluation method is appropriate (qualitative, quantitative, mixed methods, etc.)? Consider this question when answering the following: Conduct research to identify a qualitative research study and a quantitative research study. Briefly summarize each study. From the two research studies, select your preferred study and explain why this is your preference. Be sure to include the appropriate citations and references for the selected...
When preparing to conduct research, one of the first questions that need to be asked is what research and evaluation method is appropriate (qualitative, quantitative, mixed methods, etc.)? Consider this question when answering the following: Conduct research to identify a qualitative research study and a quantitative research study. Briefly summarize each study. From the two research studies, select your preferred study and explain why this is your preference. Be sure to include the appropriate citations and references for the selected...
1. 1. How would you define ethics? What are three factors that might affect good ethical conduct? Conduct research and provide an explanation of why the Sarbanes-Oxley Act was created and how it relates to ethics. What are the legal liabilities of an accountant? 2.In Chapter 1 and 2 you have been learning about the accounting equation, debits/credits, and account normal balances. The accounting equation is foundation of accounting. Understanding debits/credits and the account normal balances are just as important....
Theory in Research and EBP If you were going to conduct a research study about factors that contribute to adolescents’ body image and self-esteem: 1. For what terms will you need conceptual and operational definitions? 2. What empirical indicators would be appropriate? 3. Can you identify an appropriate theoretical framework or model to use? 4. Do you expect to use a deductive, an inductive research, or mixed method approach? 5. What findings might you project? 6. How will your study contribute...