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C) Parties-statements—parties explain their side of the dispute; parties are encourage to speak rather than their advisors; parties outline what they hope to achieve from the mediation. d) Summarising and identification of issues—each parties’ statement is summarised by the mediator; and identifies the issues for discussion in the mediation; an agenda for conducting the mediation is set; the parties are encouraged to assist the mediator with these items. Dispute resolution and conflict management in cnstruction 14 e) Exploration of issues—the mediator works through each of the issues identified for discussion assisting the parties to explore options for settlement for each issue.
Also, those active in the building industry can not gauge the likely consequence of their actions nor be guided in their conduct, by case law which may not exist to reflect current interpretation of legal matters. These issues point to concern as to what will be the long term impact of ADR upon the common law adversarial system. 2 Active Organisations The organisations listed below are non-profit or Government-sponsored organisations which are currently active in Australia. The organisations are listed in alphabetical order.
89 An officer of the Tribunal has complete protection for any negligent actions in the conduct of their duty. The jurisdiction of the Victorian tribunal includes all domestic building disputes, (including multiple-unit developments) disputes concerning insurance claims, references to the Tribunal under the House Guarantee Act and a miscellaneous category. Domestic building disputes can include disputes between owners, builders, architects, subcontractor, insurer and Building Practitioners under the Building Act 1993.