Resolution Pathways

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Options to fit your situation

The resolution pathways are designed to match the problem with the process. A good match will maximise the chances of satisfaction and success. Pathways differ in the level of formality, the level of involvement of the parties and the cost of the pathway.

The resolution facilitator is the entry point for assisting the parties and recommending the right pathway. The person has been selected to ensure a depth of experience in assisting parties with pathways. Additionally, this site provides information about each pathway so that participants can be fully informed.

We have used the shoes as an analogy for the journey and to also to denote the level of formality of each pathway. Each pathway is outlined in a nutshell guide and then a draft contract is provided for use by the parties. In summary the key pathways are:

Mediation: an informal, flexible process with a mediator trained in assisting participants to resolve disputes, without the mediator providing a view.

Expert View: A non-binding evaluation given to the parties jointly, by a person who is an expert in the area(s) in dispute.

Mapping: For disputes involving music creators there are experienced mediators who both understand the context and can assist the participants with a problem- solving conversation. This process is called mapping. The mappers are accredited mediators as well as having industry experience.

Binding Decision: A binding determination by a person who is an expert in the area(s) in dispute.

Mediation Nutshell

Mediation is an informal process with a mediator trained in assisting participants to resolve disputes, without the mediator providing a view. The goal of mediation is for people to have a safe space and a skilled person to assist their negotiation. This can often result in a resolution.

About the Mediator and Mediation

A mediator is a person trained and accredited to assist people to understand issues and explore options; it can result in a resolution. A mediator meets with all parties together to help them jointly understand the issues in the dispute. A mediator may also meet with the parties separately.

Participants can represent themselves or bring a friend, lawyer, or other support person. The mediator will NOT make a decision - that is the role of the participants.

If the matter is resolved during the mediation then this can be documented in an appropriate format.

If the matter is not resolved, the resolution facilitator can assist in exploring alternative ways of resolving the issues.

About Resolution

Resolution looks different for different people. For some, it is getting a deeper understanding, or being heard. For others it is getting a deal to move forward. It is important to consider what constitutes resolution for the parties.

Mediation agreement

It is important that everyone knows what to expect. This will allow parties to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process.

The agreement sets out the legal rights in plain English - these are important to understand. The resolution facilitator is also available to explain the process and the terms of the agreement.

Click here to download our Mediation agreement.

Expert View (Non-Binding) Nutshell

Expert View (Non-binding) constitutes a non-binding evaluation made for the parties jointly, by a person with expertise in the areas that are outstanding between the parties as outlined in a terms of reference document.

About the Expert and Expert View

The expert is a person with specialist knowledge of the subject matter of the dispute, who can use that expertise to provide the parties with a view. This can be provided as part of another process (negotiation/ mediation) or as a stand-alone option.

The process for an expert view is decided by the expert and will vary depending on the subject matter. Participants can represent themselves or bring a friend, lawyer, or other support person. The expert will provide them with a report that sets out his/her view. For music creators, an expert view may be available as part of a mediation (see mapping).

If the matter is resolved as a result of the evaluation then this can be documented in an appropriate format.

If the matter is not resolved, the resolution facilitator can assist in exploring alternative ways of resolving the issues. The parties can decide on whether the expert view forms part of any further step.

Expert View - Agreement

It is important that everyone knows what to expect. This will allow parties to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process.

The agreement sets out the legal rights in plain English - these are important to understand. The resolution facilitator is also available to explain the process and the terms of the agreement. Contact the Resolution Facilitator for the expert view agreement and nutshell.

Expert Decision (Binding) Nutshell

There are times where the parties cannot resolve the issues themselves and needs someone who is an expert in the area of dispute to hear and decide the matter.

About the Expert and Decision Process

The expert is impartial and has recognised skill or knowledge in the subject matter of the dispute. S/he is selected by the dispute facilitator with input from the parties.

Expert determination is a fast and cost-effective way of resolving mostly technical disputes. It is usually quicker than court and still provides a binding decisions. The expert decision is binding by virtue of a contract between the parties in dispute agreeing to be bound.

The process

The process is the domain of the expert and will vary. Usually, before the expert decision the parties submit documents in support of their position. This includes an outline of the points of contention and any documents in support. There is a meeting and the expert asks questions of the parties before making his/her decision. The expert relies on the parties' submission as well as his/her own expertise in deciding the matters in dispute.

Parties can represent themselves and also bring a friend, lawyer, or other support person. The expert decision is binding on the parties.

Expert Decision - agreement

It is important that everyone knows what to expect. This will allow parties to adequately prepare, to know their rights and maximise the chances of everyone feeling satisfied with the process.

The agreement sets out the legal rights in plain English - these are important to understand. The resolution facilitator is also available to explain the process and the terms of the agreement. Click here to download the resolution agreement.

Agreement Downloads

Mediation

Click here to download the Mediation nutshell and agreement.

Mapping nutshell and agreement (music creators)

Click here to download the Mapping nutshell and agreement (mediation with a view).

Expert View (Non-Binding)

Click here to download the Expert View (Non-binding) nutshell and agreement.

Expert Decision (Binding)

Click here to download the Expert Decision (Binding) nutshell and agreement.