ADR in the Australian Defence Organisation

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ADR in the Australian Defence Organisation

• Carol Bowen
• Acc.M.LEADR, Acc.M.ADF
• Alternative Resolutions Equity
• Fairness and Resolution Branch

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Past

Present
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Aim

• ADR in the ADO
• How did we get here?
• Where are we now?
• The Challenges, and
• The future.
• Internal Grievance Procedures
• Internal complaints handling initiatives
• Challenges of Mediating in-house

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Senate Inquiry into Effectiveness of Australias
Military Justice System

• Dispute resolution measures are an ideal
  mechanism for defusing....conflicts at an early
  stage and the ADF (sic Defence) is right to
  include them in their range of options for
  managing unacceptable behaviour.
• Further, the Committee urged Defence to place a
  high priority on promoting and encouraging the
  use of alternative dispute resolution measures as
  a means of settling conflicts and resolving
  grievances at the unit level.
• Report 2005 at p.110

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ARE STRUCTURE
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Where are we now?

• The Launch
• Locations
• Composition DEC/DRP
• Filter/funnel process

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What do we do?

• Develop skills in CM
• Develop panel members
• Provide advice to COs and Managers
• Mediation, CC, WC, IPS and Negn
• Work with you

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Our Network

• The NSW mediation panel

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Dispute Resolution Options
Informal Interest-based
Self resolution
Alternative Dispute Resolution Processes
Management Assisted resolution
Assisted Negotiation
Redress of Grievance/ Review of Action
Equity Diversity
Equity Diversity
Ministerial, Ombudsman, HREOC
Court
Formal Rights-based
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MEDIATION OUR PRACTICE

• Facilitative model of co mediation
• The Initial Enquiry what happens next?
• To mediate or not!

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ADR Evaluation Findings

• Predominance of cases interpersonal or
  communication or previous pattern of bullying
  and general harassment
• Many conflicts evident for some time
• Satisfaction with treatment in mediation and with
  mediators - 90
• Satisfaction with ADR outcomes - 81
• Majority of participants recommend ADR to others

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Challenges!

• Awareness of ADR Program
• Perception
• Informal vs. formal process
• Attitude
• Voluntary process -Voluntary or Vol-un-told.
• Power
• How does it reflect on Management when ADR is
  used?
• Management role responsibility.
• Health parties ability/capacity to participate.
• Confidentiality.
• Perception that ADR will FIX the problem

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What we have done to address the challenges?

• Initial enquiry
• Through intake
• Introduction of other processes
• Equity network.
• Training
• Meeting with Commanding Officers/Managers.

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What does the future look like?

• Increase awareness of ADR services to Defence
• Increase number of mediators, conflict coaches
  and WC facilitators.
• Increase number of permanent full time DRPs.

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QUESTIONS