Developing a dispute resolution scheme
This section will guide your decision-making about the main elements required for a new dispute resolution scheme.
There are 10 elements of developing a new scheme covered in this section.
In this section
This page sets out what you need to consider when designing a dispute resolution scheme.
This page discusses the objectives of a dispute resolution scheme and the scope of issues it can address.
There are a wide range of dispute resolution processes with differing features. Choosing the appropriate process for a scheme will depend on a number of factors.
Users can be supported through the dispute resolution process formally by lawyers or advocates, or more informally by family or friends.
Policies and processes are needed to manage the risks and responsibilities for staff delivering a dispute resolution scheme and provide appropriate support for them.
In developing a dispute resolution scheme, you need to decide how the outcomes of the scheme's process will be given effect, what remedies are available and the rights of review/appeal.
Funding models for dispute resolution schemes range from full cost recovery to user pays, and from full funding by the state or industry to a shared arrangement.
Dispute resolution schemes can be given effect either by formal approval or through legislation.
Dispute resolution schemes need to be monitored, evaluated and reported on to ensure they remain fit for purpose. Intelligence gathered also provides valuable insights into the regulatory system.
When implementing a dispute resolution service you need to consider things like scale, channels, providers, training, promotion and administration.
How we can help
GDCR can help with decisions about all aspects of developing a new dispute resolution scheme. The most significant decisions are likely to be the nature of the dispute resolution scheme, how it should be funded and whether outcomes from the scheme should be enforceable.
These decisions are complex and should be influenced by all the information you have gathered to date, as well as the unique context in which the disputes will arise and the scheme will operate.
Our expertise and experience in advising agencies about dispute resolution scheme design enables us to help you make these decisions. Contact us at any time in the process, but preferably as early as possible. After an initial meeting, we can assess what we can offer in the time you have available.