Alternative dispute resolution
Alternative dispute resolution (ADR) is used to help parties who cannot come to an agreement.
Mediation and compulsory conferencing are types of ADR and offer a wide range of benefits to parties including:
- assisting in identifying the issues that need to be resolved
- the early resolution of matters
- reduced stress due to the more informal nature of the session
- assisting in maintaining ongoing relationships between parties
- reducing costs for parties
- better tailored solutions to meet the needs of parties
- better understanding of the powers of the tribunal to deal with the dispute.
Where it is appropriate QCAT may order that all parties involved in a matter attend mediation or a compulsory conference.
Mediation
Mediation is a meeting where a QCAT member, an adjudicator, registrar or a mediator leads and guides the discussion regarding the situation. The aim is to find a solution and resolve the dispute to everyone’s satisfaction.
Compulsory conferencing
Compulsory conferences can be conducted by a QCAT member, an adjudicator or a registrar.
If a party does not attend the compulsory conference, orders can be made against them in their absence which they must follow for example, giving the other party a document or other information.
The conversations and information presented at both mediation and compulsory conferences remain confidential and cannot be used at the final hearing unless all the parties agree.