Technical disputes, commercial negotiations and
workplace/societal conflict are a natural part of doing business and just living
itself. Conflict is everywhere - at home (between family and neighbours); in the
workplace (between management, co-workers and unions), with contractors and with
other companies; and everywhere at the community level, dealing with land access
(pastoralists/farmers and indigenous/First Nation people), environmental
protestors and NIMBY-ites - Civil Society in general. Exploration and mining
companies, operating in more remote, less developed and culturally diverse
regions, tend to encounter myriad areas of conflict (typically emotion-charged)
and they are outlined. Dispute prevention, management and various binding and
non-binding resolution techniques are discussed. The paper gives a general
overview of the ADR nomenclature and framework (mediation, conciliation, expert
determination, adjudication, arbitration and litigation) encouraging technical
professionals to participate. Its thesis is that lawyers should not necessarily
be the first port of call when problems arise between the mining workforce,
contractors, joint venture partners, purchasers of prospects/mines, traditional
land owners, protest groups, etc. If the matter must be litigated, the role of
the expert witness is critical in pretrial planning, negotiations, mediation and
litigation management, so a few guidelines are provided. Whilst dispute
resolution has a legal context, the paper is written from an AusIMM technical
professional's perspective, emphasising practical long-lasting pragmatic
solutions.