ALTERNATIVE DISPUTE RESOLUTION

What is the ADR?

We offer a range of dispute resolution pathways to our members under our Alternative Dispute Resolution (ADR) Procedure for Competing Claims that are available upon request. You may find the ADR useful if you have not been able to resolve a competing claim directly with the other party.

Eligibility to request assistance under the ADR is subject to the value of a particular competing claim.

You can download and read the full policy here.

What are the pathways under the ADR?

Expert adjudication

Available to members with a High Value competing claim with royalties of AU$10,000 or more.

A trained and qualified independent expert is engaged to review submissions by the parties and make a decision that is binding on the members and Screenrights with respect to the competing claim. Screenrights will contribute AU$2,000 to the costs of resolution of the expert and pay for the involvement of the independent organisation choosing the expert. Costs over and above Screenrights’ contribution will be deducted from the royalties in question.

By way of initial guidance, in our experience to date, an Expert Adjudication can cost in the range of AU$8,000 to AU$12,000.

 

Mediation

Available to members with a High Value competing claim with royalties of AU$10,000 or more.

A trained and qualified independent mediator assists the parties in negotiating a binding agreement to resolve the competing claims and any associated issues. The full cost of any external mediator must be paid for by the claimants to the competing claim in equal shares. Screenrights will pay for the involvement of the independent organisation choosing the mediator.

 

Internal decision

Available to members with a Medium Value competing claim with royalties between AU$500 and AU$9,999 and expedited High Value competing claims with royalties greater than AU$10,000.

A Screenrights representative reviews the submissions by the parties and makes a decision to resolve the competing claim and release the royalties in question.

 

Payment to solution seeking party

Available to members with a Low Value competing claim with royalties less than AU$500.

If you have made a few attempts to contact the party and you have not received a substantive response you may be able to apply to Screenrights for the royalties to be released to you as the solution seeking party. There are conditions that need to be met:

  • you must provide evidence that you have made at least three attempts to contact the other party;
  • your communications need to be at least 2 weeks apart;
  • there must be no more than 3 months between the first and third attempts; and
  • the competing claim must either involve deadline royalties or have remained unresolved for at least one year.

 

Expedited procedures

Available to members with a Medium Value or High Value competing claim.

Where there are deadline royalties and the competing claim is identified after 30 April in the relevant year a Screenrights representative reviews the submissions by the parties and makes a decision to resolve the competing claim and release the royalties in question.

 

Payment of future royalties

Decisions made under any of the above pathways serve as a precedent for future royalty claims.

Will the outcome apply to future royalties?

The outcome of an ADR procedure affects the distribution of the available royalties subject to the competing claim at the time. It does not affect the underlying registrations of the parties, and therefore, does not serve to resolve a competing claim for future royalties. However, the outcome of any decision made under one of the ADR procedures serves as a precedent to resolve the competing claim for future royalties by affect of presumption 9 of the Express Resolution Process (ERP). This presumption states that, where a competing claim has previously been reviewed under the ADR or by an independent expert, the result is highly likely to be the same for future royalties. Unless the unsuccessful party to the ADR determination can provide further evidence to overturn this presumption, Screenrights can rely on this presumption to keep paying the successful party.

Who makes decisions under the ADR?

The decision maker under the ADR will depend on the relevant pathway (please see above).

Where Screenrights itself makes a decision under the ADR and you disagree with the outcome you have 14 days to request that the decision be made by an independent expert appointed by an independent organisation.

At any time Screenrights may elect not to make the decision itself and at its own cost send the decision to an independent expert appointed by an independent organisation. In such circumstances, the decision made will not be considered an internal decision.

Published Decisions

We publish a summary of decisions made by independent experts to assist members to self-manage competing claims wherever possible without the costs and time involved in using an external decision maker. Reviewing the outcomes of previous decisions may help inform how to proceed with your competing claim.

Timelines for the ADR

The deadlines and timeframes for the ADR will depend on your pathway.

Please see the key dates for applicable timeframes.

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