Resolving Disputes

• Federal Police (AFP)


  Deals with enforcing federal laws and crimes/criminal law where a crime crosses state boundaries, they may sometimes deal with Australians overseas, depending on the circumstances
• Crimes the AFP can deal with

  • Drug importation and distribution
  • Crimes relating to Commonwealth entities (bribery of public officials)
  • Terrorism
  • Cybercrime
  • Human trafficking and sexual slavery
• Alternative dispute resolution (ADR)


  Uses a variety of methods to resolve disputes between parties without involving the court processes
• ADR methods


  • Negotiation
  • Mediation
  • Arbitration
• Negotiation


  Voluntary participants control the process and outcome
• Advantages of negotiation


  • Low-cost
  • Faster than going through court
  • Less stressful
  • Only involves the two parties involved
  • Take into consideration of both parties' views
  • Participants control the process and outcome
• Disadvantages of negotiation


  • Not enforceable as it is a verbal agreement
  • Not legally binding
  • If people don't follow the agreement they can be brought to court
  • Voluntary
• Mediation


  Neutral third party helps the participants reach voluntary agreement
• Advantages of mediation


  • Confidential
  • Neutral and independent third party to assist in negotiation to come to an agreement
  • People involved in the dispute decide the end result
  • More flexible
  • Quicker and lower-cost than court procedures
• Disadvantages of mediation


  • Cannot be enforced
  • Not legally binding
  • If the case goes to court after mediation, parties involved can use evidence told in mediation although it is confidential
  • Mediator cannot force an agreement to be made
• Arbitration


  Non-voluntary, interested parties have the least control
• Advantages of arbitration


  • Resolve disputes without going to court
  • Formal process
  • Efficient and flexible
  • Less complicated
  • Confidential
  • Impartial third-party
  • Less expensive that litigation
• Disadvantages of arbitration


  • Sometimes the impartiality of the arbitrator can be compromised
  • No jury
• Tribunals


  Offer a less formal and expensive method of dispute resolution than the court system, individuals do not normally need legal representation, the person presiding over the tribunal may have specialist expertise rather than specific legal training
• Types of tribunals


  • Administrative tribunals (concerned with executive actions of the government)
  • Civil tribunals (concerned with resolving private disputes)
• Administrative Appeals Tribunal


  Advantages: Much faster than court procedures, Cheaper than going to court

  Disadvantages: The rules of evidence do not have to be applied and tribunals are considered more informal than courts, Use of legal representation is reduced, The fast process may limit the amount of consideration put into a dispute
• Courts


  If the individuals involved in a dispute cannot resolve it by way of alternative methods, they will need to take the matter to litigation
• Example of a court

  • NSW Land and Environment Court (LEC)
• Advantages of courts


  • Become part of the public record therefore could be enforced by law
  • Allowing for faster dispute resolution with similar claims through precedent
  • Appeals are allowed
  • Much more formal process
  • Result will be achieved
  • Impartiality
• Disadvantages of courts


  • Higher cost
  • Since its a formal procedure, it will take longer to go over the evidence and come to a decision
• Non-legal methods for resolving disputes with the state

  Media, Members of parliament, Trade unions, Interest groups including NGOs
• Legal methods for resolving disputes with the state

  Internal review, External review (administrative and judicial), Judicial (courts), Ombudsman
• Types of external administrative review

  • Merits review (made by an individual decision maker on the merits of a decision)
  • Judicial review (review based upon if the decision was legally made)
• Types of judicial orders

  • Prohibition (stops a decision from being made)
  • Certiorari (reverses a decision that has already been made)
  • Mandamus (compels the decision maker to perform certain types of public duties)
  • Injunction (prohibits the decision maker from implementing an invalid decision)
• Ombudsman


  An official, usually appointed by the government, who investigates complaints against businesses, financial institutions, universities, government departments, or other public entities, and attempts to resolve the conflicts or concerns raised, either by mediation or by making recommendations