Dispute-resolution processes

The first steps include holding scientific workshops with key stakeholders, re-examining and clarifying the scope and interpretation of Part 11 (see Section 9.6.3), developing technical dispute resolution processes, and harmonizing inconsistencies between the different centers of the FDA. 

Establish expedited dispute resolution processes for distributed generation project proposals. 

The next steps are clearly confrontation in varying degrees of severity. For most divisions and groups to which a submission is directed, there is a formal appeals process (see Chapter 6). If not, or as a step beyond that appeals channel, the FDA Office of the Ombudsman has a dispute-resolution procedure. Finally, it is possible to bring suit against the FDA in Federal Court. 

Dispute resolution is an important process for business, since it permits a quick, fair, and economic way to solve conflicts, without the need for prolonged litigation. Hence, it is possible to obtain a more satisfactory outcome and often to preserve a suitable commercial relationship. 

Some Robens-based OHS legislation provides a process for issue resolution where a workplace has not agreed on its own process. This is often presented in the form of a flowchart. The usual advice to employees if they have an OHS problem is to raise it with their supervisor in the first instance. Where an atmosphere of tmst prevails this is good advice. However, if the employee feels that raising an issue may result in discrimination, the employee may rightly prefer to go through the health and safety representative, or a union. The health and safety representative or a union may resolve the issue with management or it may be dealt with by the health and safety committee. If it cannot be resolved, an OHS inspector may be asked for a determination and issue a notice. Further review by heads of OHS authorities, or courts varies with the particular jurisdiction. In New Zealand, for example, the District Court resolves disputed notices. 

To this end, the Confidentiality Commission may form an advisory committee to undertake informal mediation consultations normally this advisory committee should be composed of five Confidentiality Commission members, one from each region, unless the disputing parties agree to request a similar, modified stmcture which they believe would serve better to reach a mediated resolution. Any such committee must report to the Confidentiality Commission on the progress and result of any consultations, and any possible mediated resolution derived from this process must be put to the Confidentiality Commission to be certified. 

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