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Tribunal Objectives

Administrative Appeals Tribunal ATO LITIGATION FORUM 9 MAY 2008 Alternative Dispute Resolution Geri Ettinger Senior Member. The Legislation. Tribunal Objectives

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Tribunal Objectives

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  1. Administrative Appeals TribunalATO LITIGATION FORUM 9 MAY 2008Alternative Dispute ResolutionGeri EttingerSenior Member

  2. The Legislation • Tribunal Objectives • s 33 The proceedings shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of relevant enactments and a proper consideration of the matter will permit. • s 2A The Tribunal must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.

  3. Alternative Dispute Resolution • Objectives of ADR – section 34A of the Administrative Appeals Tribunal Act 1975 • Resolve or limit the issues in dispute; • Be accessible; • Efficient use of resources; • Early resolution; • Produce lawful and effective outcomes; • Enhance party satisfaction.

  4. PRE-HEARING PROCESSES • Conferencing • Discuss and define issues in dispute; • Identify further evidence that needs to be gathered; • Explore settlement; • Set timetables and issue directions; • Discuss future conduct of the matter, including referral to further ADR processes or progress to a hearing.

  5. MEDIATION Mediation is defined by the Tribunal as a process in which the parties to a dispute, with the assistance of a Tribunal Member, officer of the Tribunal or another person appointed by the Tribunal (the mediator), identify the disputed issues, develop options consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted.

  6. CONCILIATION Conciliation  is  defined  by  the  Tribunal  as a process in which the parties to a dispute, with the assistance of a Tribunal Member, officer of the Tribunal or another person appointed  by  the  Tribunal  (the  conciliator),  identify  the disputed  issues,  develop  options,  consider  alternatives and  endeavour  to  reach  an  agreement. The  conciliator has  no  determinative  role  on  the  content  of  the dispute  or  the  outcome  of  its  resolution,  but  may advise  on  or  determine  the  process  of  conciliation whereby  resolution  is  attempted,  may  make suggestions  for  terms  of  settlement  and  may  actively encourage  the  participants  to  reach  an  agreement which  accords  with  the  requirements  of  the  statute.  

  7. NEUTRAL EVALUATION Neutral Evaluation is understood by the Tribunal as an advisory process in which a Tribunal member, officer of the Tribunal or another person appointed by the Tribunal, chosen on the basis of their knowledge of the subject matter, assists the parties to resolve the dispute by providing a non binding opinion on the likely outcomes.

  8. NEUTRAL EVALUATION Neutral Evaluation is used when the resolution of the conflict requires an evaluation of both the facts and the law. The opinion may be the subject of a written report which may be admissible at the hearing.

  9. CASE APPRAISAL Case Appraisal is understood by the Tribunal as an advisory process in which a Tribunal member, officer of the Tribunal or another person appointed by the Tribunal, chosen on the basis of their knowledge of the subject matter, assists the parties to resolve the dispute by providing a non - binding opinion on the facts and the likely outcomes. The opinion is an assessment of facts in dispute. The opinion may be the subject of a written report which may be admissible at the hearing.

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