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Dispute Resolution Process

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rabid41 View Drop Down
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Joined: 24/December/2016
Location: Australia
Posts: 3
  Quote rabid41 Quote  Post ReplyReply Direct Link To This Post Topic: Dispute Resolution Process
    Posted: 15/February/2018 at 17:24
Greetings

If a sporting body has a dispute resolution process outlined in their constitution and one member of the club brings a dispute against another member of the association can the party to the dispute send back a response saying that they think there is no dispute and that closes the dispute?

The rules do not allow for this, they state should the parties not reach resolution then the committee should hear the dispute.

Example: a member opens a dispute against the chairman and the chairman says there is no dispute and does not allow the dispute resolution process to continue and informs the committee there is no valid dispute.

Should the chairman recuse himself and allow the committee to hear the dispute?

Can one party to a dispute close a dispute that in their opinion is not valid?

Thank you for any assistance

Eddy View Drop Down
Senior Member
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Joined: 14/December/2012
Location: Australia
Posts: 157
  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 16/February/2018 at 09:44
Absolutely not! The committee needs to investigate and determine if the dispute is valid or not and what needs to be done.

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 494
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 16/February/2018 at 11:23
I agree.

You could use the chairman's response to your advantage, by writing to him and saying, "Thanks for stating that we do not have dispute, I take it from that you now agree with my proposition ....... (outline your original position)"

Forward copies of this letter to the members of the committee.

AMK Law View Drop Down
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Joined: 11/September/2017
Location: Australia
Posts: 21
  Quote AMK Law Quote  Post ReplyReply Direct Link To This Post Posted: 05/April/2018 at 16:09
Hi there,

It is a sad reality that all organisations face disputes at one point or another. Further, for an organisation to move forward it needs to be resolve the disputes and grievances properly and quickly.

You mention that the constitution of the sporting body has a dispute resolution procedure. Having a dispute resolution procedure on the paper is not enough, the procedure has to be followed in its true spirit. This means, the sporting body’s dispute resolution procedure must grant each party to a dispute an opportunity to be heard and the dispute should be determined by an unbiased decision maker by applying the correct procedure.

The Australian Law provides that an association’s dispute resolution procedures must ensure that natural justice is applied during the decision making. In short, it means that the processes used by a decision maker must be proper and fair in the circumstances.

In addition, where an association has not followed the procedures outlined in its constitution or has not applied natural justice, the Australian Law provides an option of going to the Court against the decision maker and/or the organisation.

Should you wish to discuss this matter further, please feel free to contact us via email on admin@amklaw.com.au, via phone on (03) 8564 8474 or visit our website at www.amklaw.com.au
This information is of a general nature only and it is not, nor is intended to be, legal advice.

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