Principles, Ethics and Rights

Grievance and Dispute Resolution

Summary of Good Practice Recommendations

All parties have a responsibility to:

  • take an active and realistic approach to finding a workable solution

  • agree on expectations and engagement arrangements of all parties in writing before commencing a project

  • refer to good practice in Arts Law’s contract templates 

  • ensure each party has access to clear and transparent information to maintain agency in decision making

  • maintain open and respectful communications throughout an engagement

  • express concerns early, clearly and succinctly 

  • listen and take any issues seriously 

  • maintain confidentiality

  • should a grievance arise, first work to address the root source of the issue to prevent it escalating into a dispute

  • if a dispute cannot be resolved, seek a negotiated resolution

  • if negotiation fails, access Assisted Dispute Resolution (ADR) options 

Organisations have a responsibility to:

  • meet legal obligations in the areas of employment, taxation, contracts, intellectual property, Indigenous Cultural and Intellectual Property rights and consumer rights

  • establish transparent policies and procedures to manage conflict

  • ensure culturally appropriate dispute resolution mechanisms are available

  • develop standard agreements for staff and artists, detailing a dispute mechanism

  • mitigate against power imbalances which place the other party at a disadvantage

Artists have a responsibility to:  

  • understand written agreements, responsibilities and options available to them

  • seek professional or legal advice, especially if there are power imbalances

  • follow recommended dispute resolution  processes

Auslan Translation - Grievance and Dispute Resolution Summary of Good Practice Recommendations