Our dispute resolution methods
The term ‘alternative dispute resolution’ (ADR) refers to ways of resolving disputes without going to court.
We use 4 different methods to help parties resolve their disputes as efficiently as possible, without the need for a lawsuit. These are:
All of the services that we provide are technically ADR processes. However, we treat arbitration differently because it:
- is more formal
- can be quite similar to a court case with witnesses and expert evidence
- involves the NST Member making a decision that is final, binding and enforceable.
Arbitration
In arbitration, an impartial third party (the NST, comprised of one or more NST Members) hears evidence and decides how to resolve the dispute. Compared to other forms of ADR, arbitration provides a certain resolution. However, the resolution will be the decision of the Tribunal Member, rather than a resolution mutually agreed between the parties.
Mediation
In mediation, the NST Member helps people settle their dispute by encouraging them to come up with their own solutions, focusing on their mutual interests. Mediation can lead to win–win solutions because participants have control over the outcome and are the only ones involved in the agreement. Whilst the Tribunal Member does not make a binding decision, any settlement agreed by the participants to the mediation will be documented in a Settlement Agreement, which is binding on them.
Conciliation
Similar to mediation, but in conciliation, the NST Member takes a more directive and advisory role, often providing opinions as to the strengths and weaknesses of the participants’ positions, and offering advice regarding possible outcomes. Like in mediation, conciliation can lead to win–win solutions because participants have control over the outcome. Any settlement agreed by the participants to the conciliation will be documented in a Settlement Agreement, which is binding on them.
Case appraisal
Case appraisal is an advisory process in which the NST Member reviews the facts of the case, holds a short hearing (if required), provides a non-binding opinion on the facts and likely outcomes, and outlines how the parties can achieve these outcomes. Case appraisal is non-binding and can help parties to resolve disputes at an early stage.
When we use these methods
Some disputes can only be resolved via a particular resolution method. You may indicate which resolution method you would prefer, and the NST may also make suggestions to the parties during the Preliminary Conference.
You can request case appraisal, mediation or conciliation for the following types of dispute:
- eligibility, selection, bullying, harassment, or discrimination disputes
- other disputes if the CEO approves in writing.
You can use arbitration for the following types of dispute:
- eligibility, selection and disciplinary (including bullying, harassment, or discrimination) disputes
- anti-doping
- appeals
- other disputes if the CEO approves in writing.