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PLUMBING CONNECTION
SUMMER 2015
I
think it’s safe to assume that plumbers would prefer to
avoid any situation where the need for mediation arises.
Unfortunately it does come with the territory though and
it’s better to know how to tackle the situation, rather than be
left in the lurch should you find yourself needing some form
of alternative dispute resolution.
As you would have read in the previous article by Paul
Cott, there are a number of differences between mediation
and arbitration.
Mediation involves the facilitative role of a trained third
party neutral to assist parties in coming to and managing
the settlement of their dispute. A mediator’s role is to help
clarify and prioritise issues as well as assist parties in
finding a solution. A skilled mediator facilitates a solution to
the problem which best fits the needs of both parties; the
mediator does not decide who is right and who is wrong. The
process is confidential, voluntary, flexible and unlike a court,
there is no imposed decision: the parties themselves retain
ownership of and responsibility for any settlement that is
reached.
Arbitration on the other hand is an alternative means,
to litigation in a court, of resolving a dispute whereby the
opposing parties present their case to an independent third
person, the arbitrator. After hearing the opposing cases and
evidence, the arbitrator then makes a ruling based on laws
pertaining to the matter.
It is far less costly to resolve a dispute through mediation
than through arbitration or litigation. Because of the non-
adversarial dispute resolution technique used, complex
issues can be resolved in a matter of days; and the business
relationship of the parties can be preserved.
With all of that in mind we thought it would be interesting
to chat with a consultant who started out as a plumber
before acting as an expert witness; providing court
compliant reports as well as arbitration and dispute
resolution.
Robert Quick has been involved in the plumbing game for
over 50 years and was earmarked as a plumber by his father
from an early age.
“I was born to be a plumber. My father always dreamt that
I’d become a plumber and as soon as I finished school that’s
exactly what I became. I spent my school holidays working
THE SENSIBLE APPROACH TO
DISPUTE RESOLUTION
TACKLING DISPUTES CAN BE A STRESSFUL TASK FOR INDIVIDUALS AND COMPANIES IN ANY INDUSTRY AND
PLUMBING IS NO DIFFERENT.
JUSTIN FELIX
SPOKE TO A FORMER PLUMBER TURNED EXPERT WITNESS AND
CONSULTANT TO FIND OUT HOW PLUMBERS SHOULD APPROACH DISPUTE RESOLUTION.
COVER STORY:
RESOLVING DISPUTES
with him. I suppose in those days you just did what you were
told,” Robert says.
“I evolved all of my education from working through my
apprenticeship and night courses etc. At that stage my
father employed 10-15 plumbers. Eventually my brother and
I took over the business and made it rather successful. We
did all of Grollo’s work in Melbourne and when they went to
Sydney my brother followed.”
Having plumbed Melbourne’s Crown Casino and Rialto
Towers and Hotel among many other large projects, it’s fairly
easy to imagine that Robert had to contend with his fair
share of disputes over the years.
“At more than one stage I employed over 120 plumbers.
When we were doing the Crown Casino I had 120 plumbers
on that site at the one time. When you’re employing a lot