Alternative Dispute Resolution at Metals: A Case of Mistaken Identities

Since the late 1980s, in response to an increase in workplace bargaining in Australia, companies have relied more on their internal grievance procedures to resolve disputes than seeking resolution of these matters in the industrial tribunals. However, resolving matters within the organisation is not always straightforward, particularly when disputes involve a number of parties and a range of complex issues. As a result, firms may turn to the services of non-tribunal professionals. There has been a small, but increasing trend by organisations to engage the assistance of consultants who specialise in alternative dispute resolution. This case study explores a dispute which arose in a metals manufacturing firm and was resolved through an alternative dispute resolution session conducted by an independent third party. The case is intended to illustrate some of the difficulties associated with private alternative dispute resolution and to encourage consideration of training and education of workplace actors in dispute resolution techniques, workplace justice, and the role and responsibilities of private consultants.