Dispute Resolution Process (DRP)

Dispute Resolution

Conflict may occur in many different organisations, with a diverse range of people. In clubs this can occur on several levels, including amongst members, amongst committees or between both groups. Regardless of the nature of the conflict, it is important to be addressed immediately with your club’s own internal processes. These are most likely encapsulated in your club rules, member code of conduct or employment manuals. They will all require a thorough recording of the issues and steps taken to resolve the conflict.

From time to time member clubs may require assistance with unresolved disputes. These may range from employee disputes, to differences of opinion within Committees and with external stakeholders.

Dispute resolution management can cover a number of different aspects. Depending on the issues in dispute these include:

Dispute prevention.
Negotiation.
Mediation.
Arbitration.

Proactive communication and Prevention is always desirable and there are some practical ways of achieving this through:

Being open to other points of view.
Recognising that disagreements at Committee level can be healthy provided they don’t involve personal attacks or become overly emotional.
The development of a Committee protocol to address major disagreements in meetings.
Providing all parties the opportunity to communicate their point of view.
Trying to understand alternative points of view and accepting the right for alternative points of view to exist.
Asking what desired outcomes are.
Looking for common ground as a starting point for further discussion.
Understanding what other people are concerned about.

In particular, Committee level disputes can be minimised if the Chair:

Ensures members have adequate and clear information on the issue.
Encourages the group to understand which issues they do agree on.
Reminds members of the need to allow adequate discussion by all, respect other member’s views and not allow disrespectful and domineering behaviours.
Reminds members that decisions approved by the majority, must subsequently be supported by all committee members.

Committees have an obligation to deal with member disputes with a prompt and transparent processes. Upon receiving notice of a complaint or dispute, the complainant should receive written acknowledgement of their complaint / grievance, along with a description of the process that will be undertaken to resolve the matter, including indicative time frames. This is always easier if the club has an existing complaints policy and procedure.

If initial resolution fails, there are procedures that can be employed to ensure the situation is not inflamed, by not:

Making accusatory statements i.e. “You did”, “You said…” that may lead to blame.
Spontaneously reacting to demands and threats.
Jumping to conclusions that have not been validated with the other party or via an evidence-based approach.

CCV encourages member clubs to pursue every avenue for speedy resolution of disputes. If you are at an impasse we can offer support which, depending on the dispute, ranges from assistance with negotiation, independent third-party mediation, or appropriate legal assistance and advice.

Please contact our office on 03 8851 4900 if you require assistance.

Business Disputes

Consumer Affairs Victoria (CAV) have a suite of useful information and guides in relation to Disciplinary Procedures and Club Dispute Resolution procedures, however do not intervene in internal club issues.

> Resolving incorporated association disputes.

The Victorian Small Business Commissioner (VSBC) provides quick, effective and low-cost dispute resolution services for business disputes. This might cover a dispute between a supplier or landlord.

The VSBC will first attempt to resolve a dispute through preliminary assistance and some ‘shuttle negotiation’ between the parties. Where this is not possible, the VSBC will determine if mediation is appropriate for the particular dispute. Factors taken into account include the financial amount in dispute, and whether the nature of dispute lends itself to a negotiated outcome. The VSBC web site contains some informative information regarding their services. vsbc.vic.gov.au or call 13 87 22.

Apart from traditional dispute resolution services offered by government agencies there are a number of Organisational Psychologists with experience in service industry settings and club environments, who specialize in mediating disputes, discussing and analyzing issues, club culture and providing practical strategies and communication protocols that are effective in managing and resolving conflict. Please contact CCV for a referral and further information.