In many cases, associations can resolve disputes internally and successful outcomes are usually achieved when the association has a well-publicised and simple procedure. The primary purpose of a dispute resolution process is to set out the steps to be followed in dealing with a grievance or dispute and to ensure a fair and timely response.
The process does not need to be complex and a fair process can often avoid having to resort to more drastic measures such as calling general meetings or the suspension/expulsion of members. Given the potential expense, not just in monetary terms, but in time and effort as well, it is worth taking the time to develop a dispute resolution process that encourages people to use it as a first step.
Some disputes may be subject to procedures set out in employment agreements, awards or contracts. This may apply to internal disputes either in conjunction with, or instead of a dispute resolution procedure.
The Act requires an association’s rules include a procedure for dealing with any dispute under or relating to the rules. It is up to the committee and members to decide on the procedure to be adopted but the process should give each party to the dispute an opportunity to be heard on the matter and ensure that there is an unbiased decision maker.
At a minimum it is recommended that the rules include procedures that:
If an association is unsure how to develop its own process it may wish to adopt the procedure included in the model rules. Rules 17 to 25 of the model rules outline the procedure for dealing with disputes and include.