Checklist

The following steps are recommended for parties to attempt to resolve a dispute (prior to moving on to Alternative Dispute Resolution options): 

• identify the issue and think about your ideal resolution

• have a conversation to attempt to resolve the conflict

• take emotion out of your responses 

• research your legal rights and industry norms

• determine if the NAVA Code makes good practice recommendations on the issue

• if the dispute relates to legal obligations, including moral rights, copyright, employment rights or contracts, consider seeking independent legal advice, such as through the Copyright Council, Arts Law or Fair Work Commission

• decide where you are willing to compromise

• put together a letter or email with a suggestion or offer to resolve the issue, using the research and evidence you've gathered to demonstrate why you think it is fair and reasonable and in the other party’s best interests

• ask a peak body or key service organisation, such as NAVA, the Indigenous Art Code, or Copyright Agency, to be a passive support by allowing you to copy them into communication, which can help to rebalance the power