Proposed Dispute Resolution Process - For Discussion
Effective Dispute Resolution
Fair · Independent · Transparent
FIT for purpose
(Name and values of the above to be defined through consultation with APRA licensees -represent the data
from surveys as of 4 Dec 74 responses)
1. Parties negotiate
~20 days
2.1 Contact [resolution facilitator] for help and
to discuss and agree on the next steps
2.2 Parties choose
Mediation
Independent person assists with
negotiation
15 days for an outcome ( 4-6 hours)
2.3 parties choose
Non-binding expert
process
Independent person hears the
issue(s) and gives a view which is not
binding
14-20 days for an outcome
2.3 parties choose
Binding expert process
Independent person hears the
issue(s) and makes a binding decision
30 -60 days (1 party)
up to 90 days (multi party)
3. Subject matter
covered by Copyright
Tribunal or Court
Industry matters
Why we need a formal dispute resolution process
[The aim of an effective dispute process is for licensees to be able to work with APRA to
resolve issues before they escalate, and to do so as quickly and inexpensively as possible
while maintaining the relationship.]
What sort of dispute will be covered
For a dispute to exist there must be a disagreement over some aspect of the relationship.
For example, a dispute may relate to the terms of a licence, whether or not a licence is
required, whether the terms of the licence have been met or payment terms.
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It is not a dispute if a licensee does not want to pay the agreed terms without a basis for this
non-payment.
[insert equivalent paragraph addressing member disputes with APRA and between members
once this has been written.]
How the APRA Effective Dispute Resolution process works
Step 1 – Negotiation by the parties directly (Duration: [~20 business days] from the time
that it is evident that there is a dispute).
First, attempt to negotiate and resolve the outstanding issue directly with your usual contact
person. It may be useful to escalate it within each organisation; a fresh set of eyes can be
effective. If it does not resolve through this first stage of discussions it is helpful to contact
the [resolution facilitator] as soon as possible.
The [resolution facilitator] is an independent expert in dispute resolution and can assist to
clarify the dispute and facilitate negotiations.
Parties may contact the [resolution facilitator] at any time during the negotiation period
to change processes or get assistance.
Step 2 – Get assistance from an independent person (Expected duration: [10 to 30
business days])
2.1
Get the [resolution facilitator] involved (Duration: [10 business days])
Contact the [resolution facilitator] by clicking [link] or calling [0411 380 380].
There is no cost for the first call to the [resolution facilitator]. Subsequent to the first
call there is a cost for referring a matter to the Effective dispute resolution process:
Action
Cost to referring party
First call to [resolution facilitator]
concerning an issue (up to 45 minutes)
No charge
Subsequent referral to the [resolution
facilitator] where the quantity in dispute
is less than $1,500.00
$50.00 plus GST
This can be waived at the discretion of
the dispute facilitator or agreement of
the parties.
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Subsequent referral to the [resolution
facilitator] where the quantity in dispute
is
$1,500.00 to $3,000.00
$75.00 plus GST
This can be waived at the discretion of
the dispute facilitator or agreement of
the parties.
Referral to [resolution facilitator] where
the quantity in dispute is
over $3,000.00
$150.00 plus GST
If the matter cannot be resolved within [10 days] of referral to the [resolution
facilitator], she will help the parties to select and manage an appropriate process to
fit the issue.
These alternative processes include mediation and expert processes which can be
non-binding or binding. Further information on each of these processes can be
found [in the Overview of dispute resolution process options document.]
2.2
Mediation (Duration: [15 business days])
(How does it work?) A mediator can help the parties to work through their dispute
and resolve it by assisting the parties to agree. The parties to the dispute choose the
mediator in consultation with the [resolution facilitator].
(How long does it take?) From the time of contact with the mediator until the end
of the mediation process should take 15 business days at most. This allows
participants enough time to swap information, prepare and meet for a mediation.
The mediation meeting itself will take on average 4 to 6 hours.
(How much does it Cost?) The cost to each party for the mediator is $180.00 per
hour incl. of GST with an estimate of 4-6 hours. (The mediation contribution is
capped at $1,650.00 for a licensee where the disputes amount is less than
$10,000.001.)
2.3
Expert process – binding / non-binding (Duration: [14 to 20 business days or
more for a binding process])
(How does it work?) An independent expert can assist the parties by giving them an
impartial view. The parties to the dispute choose the expert in consultation with the
1
This is capped at 30% of the value of the dispute with APRA paying any additional amount.
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[resolution facilitator]. The expert would be given information by each of the parties
involved in the dispute. The parties to the dispute have to decide in advance, with
input from the [resolution facilitator], whether or not the expert’s view will be
binding or non-binding.
Under a binding determination the parties are bound to abide by the expert’s
decision. That is, the expert’s decision is final.
Under a non-binding determination, the parties are not bound by the expert’s
decision. Instead they may use that decision as a guide to help them work towards
an agreement that may or may not abide by the expert’s decision.
(How long does it take?) A non-binding expert evaluation should be completed
within 14-20 business days. More time will usually be needed for a binding process
or where there are multiple parties to ensure that all parties have sufficient time to
prepare considered submissions and that the expert has enough time to write the
decision.
(How much does it cost?)
(Amounts up to $10,000) The cost for each party of the independent expert is
$180.00 per hour incl of GST which is the same cost as a mediator. The amount of
time spent by the expert and the parties is usually longer than for mediations. The
amount of time that each matter will take will vary.
(Amounts over $10,000.) Determinations and evaluations for large matters, or
where there are multiple parties will be charged at the expert’s usual rate as
indicated in their profile. The cost will be shared equally by each party unless the
expert determines otherwise.
If the parties choose a binding expert determination they agree (by contract) to
abide by the decision when received and any appeal from that is limited.
3 – Copyright Tribunal or Court
Where there is an industry precedent or where the dispute cannot be resolved by mediation
or expert evaluation, the parties can refer the matter to the Copyright Tribunal or take the
matter through the relevant Court. They may use the [resolution facilitator] to narrow down
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the issues or the matter can otherwise be referred to the court system for case
management. A decision made by the Copyright Tribunal or court would be binding. [The
time and cost for this process would depend upon the matter.]
Document Control Details:
Please direct comments and questions to the system design consultant, Shirli Kirschner,
by email shirli@resolveadvisors.con.au.
History of amendments:

Document drafted 24 September 2013.

Amended 10h October 2013 after consultation with members of Licensing Services.

Amended 12th November 2013 AHA comment on “adviser” being in preparation for
licensee consultations.

Amended 21st November to show costs.

Simplified 27th November and information from the surveys added. Cleaned.

Amended 3rd December from expert determination to expert process.

Amended 4th December to improve clarity with input from APRA.
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