GET HELP FAST
FOR YOUR GRAPE & WINE DISPUTE
CALL 1300 33 80 69
New ways to resolve Grape and Wine Disputes
According to the ACCC the Grape and Wine Industry needs different types of dispute resolution assistance.
Because we are experts in dispute resolution processes we are able to provide custom dispute resolution procedures to resolve your WineCode disputes.
Facilitated negotiation, Mediation, Conciliation, Expert determination, Adjudication and Arbitration or variants thereof like Med-Arb are available and can be tailored to your requirements.
When the Horticulture Code was last reviewed by a Government appointed expert panel in 2015, it said: “the current dispute resolution mechanism is irrelevant, inappropriate and largely not adopted by parties in the horticulture sector.” We agree.
That is why we provide dispute resolution services needed by the industry and tailored for the issues experienced by its participants. Disputes relating to the quality of delivered produce; timing of the delivery of produce; payment to growers; and transparency of prices.
By arrangement with both parties we can arrange a same day inspection, determination and report regarding the dispute by an expert acting as a Conciliator and Adjudicator:
CONCILIATOR The Conciliator encourages the parties to resolve on their own terms and may express their own opinion. In the absence of agreement, the Conciliator makes a non-binding recommendation.
ADJUDICATOR In the event of continued inability of the parties to reach agreement and after hearing any further views of the parties, the Adjudicator, will make a binding determination.
Wine Code Dispute Resolver
Derek Minus is a Wine Code Dispute Resolver.
He can help to resolve your Wine Code dispute NOW.
As the former Commonwealth government mediation Adviser for the horticulture industry, he was appointed to assist parties with the resolution of horticulture disputes.
As a barrister, accredited mediator and chartered arbitrator, he knows how the Wine Code works and has the skills to personally assist you.
Services are provided at the same rate specified by the Commonwealth Government of $300 per hour (plus GST). Under the Code, each party is required to pay half the fees.
Service and Support Conflict that can affect your livelihood and business relationship can be stressful. We provide the facilities and personal support to get you into resolution quickly.
Need a conciliated agreement? He can be nominated or call upon over 100 mediators Australia-wide who he can refer for appointment by the parties to conduct the mediation of your dispute.
Want an adjudicated decision? With the agreement of the parties the expense and delay of the court system can be avoided with a the appointment of an expert conciliator or private arbitrator.
Join our WhatsApp Group
The Wine Code has a 3-STEP resolution procedure
Start the Mediation Process
Under clause 40 of the Horticulture Code of Conduct, a party raising a dispute (the produce supplier or trader) must notify the other party in writing, by sending them a Notice of Dispute setting out:
(a) the nature of the dispute; and
(b) what action the complainant thinks will settle the dispute; and
(c) what outcome the complainant wants.
To make it easy for you, we will professionally prepare your Notice for you. Just fill in the details on our on-line form and we will email it for you, with your supporting documents, to the parties to the dispute.
Once a Notice has been sent, the parties have 3-weeks to negotiate between themselves to attempt to resolve the problems that have been identified before any further action is taken.
Both of the parties to the dispute are under an obligation to attend the mediation and try to resolve the dispute.
A party is taken to attend mediation if the party is represented at the mediation by a person who has the authority to enter an agreement to settle the dispute on behalf of that party.
Where the dispute is long standing and well known between the parties, you can ask the other party to agree to dispense with the period of private negotiation and go immediately to Step 3 and have a mediator appointed to facilitate the resolution of the dispute.
Where a dispute cannot be resolved between the parties within 3 weeks, the Code provides that mediation must take place if either of the parties request that the dispute be referred to a mediator.
A mediation is an assisted negotiation with an independent, accredited and experienced third party. When a mediator is engaged the negotiations can be frank, private and legally privileged. Legislated procedures provide a powerful and quick way to get the parties to meet together and attempt to resolve the dispute in good faith before taking legal action and incurring substantial expense.
You can request the Horticulture Dispute Resolver to refer the dispute to mediator.
Administering your Dispute
When you are ready to proceed to Mediation, we will register your request and assist you provide the information you need to send to the other party. You can upload those documents on-line and we will arrange to email all the material you want to send to them and any other interested parties, like the lawyers.
Because horticulture produce is perishable, we conduct dispute resolution by videoconference so that the parties can take action quickly to understand the nature of the problem and reach resolution. Video-conferencing services are provided at no additional cost, for the conduct of pre-mediation meetings or even the conduct of the mediation.
Our administration staff will personally contact you and the other party to discuss the nature of your dispute, the mediator skills required and the timing of the mediation.
We will refer the dispute to a NMAS accredited mediator who meets your joint criteria.
On-line payment facilities are available to quickly initiate the process. We will prepare the completed mediation agreement for signature as an electronic document and send it to you along with information sheets about the mediation process.