WHAT ARE THE OPTIONS FOR DISPUTE RESOLUTION?

• STEP ONE

The first step involves internal good faith discussions aimed at resolving the dispute. This step may include differing levels of internal escalation.

• Discussions between Government and the Private Party; and/or

• Discussions between designated senior individuals with in Government and the Private Party; and/or

• Meeting of a standing committee of senior representatives from Government and the Private Party. The committee may sometimes be referred to as a dispute resolution board.

•STEP TWO

If the dispute is not resolved, the appropriate second step will often depend on the nature of the dispute. For example, an expert from a relevant field may best deal with questions of fact, such as pricing, whilst more wide ranging issues may be best resolved through mediation or conciliation.

• Expert determination; or

• Mediation (where the mediator attempts to facilitate resolution between the parties); or

• Conciliation (where the conciliator attempts to work with the parties to reach a mutually acceptable resolution).

• STEP THREE

If neither of the previous steps is successful, the parties may have to rely upon full-blown dispute resolution processes. The emphasis should be clearly that this step is the option of last resort, to be avoided wherever possible.

• Arbitration; or

• Litigation through the court system.

• FAST-TRACK DISPUTE RESOLUTION

It may be appropriate to include the option of fast–tracked or accelerated dispute resolution for specify, identifiable categories of dispute