APRA|AMCOS provide an Alternative Dispute Resolution (ADR) service to resolve disputes between members. Generally, the disputes are between writers or between writers and smaller publishers.
The disputing parties, with the assistance of a mediator, identify the disputed issues, develop options, consider alternatives and endeavour to reach agreement. APRA|AMCOS also offers ADR by means of expert determination subject to circumstances.
APRA|AMCOS subsidises the ADR program to offer a low cost option to members. The service operates within the following discretionary guidelines.
- The program is primarily a service to members without access to resources .
- There is a threshold for a dispute – the disputed work must have been allocated $200 (to avoid disputes over non earning works)
- A work cannot be referred to ADR if it has been registered (insofar as the details of the dispute are concerned) for more than three years (being the last date on which distributions could be altered)
- This procedure is not appropriate for large catalogue disputes between publishers, but APRA|AMCOS can facilitate dispute resolution procedures for such disputes, if requested.
- Mediation days are allocated throughout the year. A single mediator is appointed from a panel, for all disputes on a particular day. The panel of mediators is not restricted to lawyers. APRA|AMCOS pays for the mediator to attend at APRA|AMCOS (including Sydney and other capital city offices), at a fixed daily rate.
- Members will be required to demonstrate the validity of their claim in a statutory declaration.
- If a dispute is resolved at the mediation, the settlement will be signed by the members on the day. If the dispute cannot be resolved, APRA|AMCOS plays no further role in the dispute or its resolution.
- All disputing members involved are required to pay an administration fee of $100 plus GST.
More information:
Email or phone (02) 9935 7900