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The dispute resolution process
Disputes only happen in a small number of claim cases, but it is worth knowing the processes involved if you are ever involved with a dispute over a claim.
Disputes can occur at any stage of a claim and relate to a a number of matters. For example, once a claim has been submitted by a worker, an insurer may dispute liability. If this happens, the worker can lodge a Part XI Application for resolving a dispute at the DRD. Click the Dispute Resolution Forms link to your right to access all Dispute Resolution forms.
There can be up to three steps involved in the dispute resolution process – teleconferencing, conciliation and arbitration.
1. Teleconferencing
In the teleconference stage, the case is given to a WorkCover WA arbitrator who will organise a telephone link up with all parties involved. A worker may choose to have a legal representative involved, although this is up to the worker. Discussions are not recorded.
Prior to the teleconference, the arbitrator views the application documents, the employer’s reply to the dispute and looks at all the supporting documents.
At the teleconference, the arbitrator and the parties discuss the dispute and try to reach an agreement that is acceptable to all parties.
If a telephone conference does not resolve the issue, a face-to-face conciliation conference may need to be arranged.
After the teleconference, the arbitrator sends a Certificate of Outcome to the parties.
2. Conciliation
A conciliation conference is a face-to-face, yet informal meeting of the parties involved in the dispute.
Conciliation aims to settle differences and reach agreement between the parties to the dispute. It usually involves a separate person who manages the sharing of ideas and hears about the differences. In this situation that person is the arbitrator who also conducts the teleconference.
A worker may choose to have a legal representative involved, but again, this is up to the worker.
Discussions at this stage are not recorded and will not be used if the matter proceeds to arbitration.
If the issue is resolved at a conciliation conference stage, a Certificate of Outcome will be sent to both parties from the arbitrator.
3. Arbitration
This is the most formal part in a dispute proceeding and involves the arbitrator making a decision on the dispute. This is a face-to-face meeting and discussions are recorded.
Arbitration usually occurs after an unsuccessful conciliation conference. An official record of the hearing is kept so an audio or sound recording is made. The arbitrator considers all available evidence, hears the case from both parties and then makes a formal decision. The arbitrator’s final decision and orders for compensation, if they are made, will be provided to the parties in writing within seven to 10 days. Sometimes, the parties themselves don’t even have to attend the hearing, because the arbitrator can make a decision based purely on the documentary evidence. Any decisions or orders made are still legal and binding.
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