In this topic, we define conflict, dispute and complaint– including how they differ. We also look at some common causes and reasons for conflicts, disputes and complaints.

Defining conflict, dispute and complaint

Governance is about working together. Working collectively towards anything creates potential for differences between people. These differences can happen in people’s interests, perspectives, opinions and values. If these differences are not understood, conflicts, disputes and complaints can happen.

As with all areas of society, Aboriginal and Torres Strait Islander groups are likely to experience conflicts, disputes and complaints.

The value and meaning given to conflicts and disputes varies between cultures and places. For example, in some Aboriginal and Torres Strait Islander communities, conflict is accepted as a normal part of social life. It happens openly and directly, rather than something troubling that people shy away from or feel shame about.¹ Morgan Brigg, Paul Memmott, Philip Venables and Berry Zondag, “Gununa peacemaking: informalism, cultural difference and contemporary Indigenous conflict management,” Social & Legal Studies 27, no. 3 (2017): 350,[link]

Every group has cultural norms and protocols to consider when managing conflicts, disputes and complaints. Your group should customise peacemaking processes to meet your unique needs and circumstances.

To build and maintain strong and effective Aboriginal and Torres Strait Islander governance, it’s important to understand:

• what conflicts, disputes and complaints are
• how they differ
• what causes them.

Conflict and dispute

A conflict or dispute is a disagreement or clash between 2 or more parties. It generally results from a difference in opinion, attitude or idea of how things should be done. A ‘party’ or ‘parties’ in this context refers to the various individuals or groups involved. We also refer to ‘third party’ to describe a neutral peacemaking practitioner, such as a mediator or facilitator.

Conflicts and disputes may occur:

• within a group’s membership
• within and between a group’s board, committees, staff and management
• between organisations, communities or nations
• between a group and its external stakeholders.

The terms dispute and conflict are closely related. They are often used to describe the same kinds of situations. While both are types of disagreements that occur between individuals or groups, they do have some differences.

A dispute is a disagreement where the issue could be resolved. For example, when rules or laws apply to the situation.² Timothy Keator, “Dispute or Conflict? The Importance of Knowing the Difference,” Mediate, August 2011, [link] These rules or laws could be set out in a charter, rulebook or policy. As a result, disputes are often short-term disagreements.

A conflict usually refers to a disagreement or argument that is longer term. For example, there is more than one issue that could be seen as unresolvable.³Timothy Keator, “Dispute or Conflict? The Importance of Knowing the Difference,” Mediate, August 2011, [link] A conflict may occur when 2 families within a community have developed poor trust and cannot agree on any issue. It may not be clear whether either family has done the wrong thing. There may not be a clear solution to re-establishing trust.

Complaint

A complaint is a statement of dissatisfaction where a response is sought, and is reasonable to expect or legally required.⁴ Commonwealth Ombudsman, Better Practice Complaint Handling Guide, February 2023, [link] A complaint is when someone expresses they are unhappy about something. They are looking for accountability for something they believe has been done wrong or that has not been addressed.

For example, when someone makes a complaint about not having the opportunity to apply for a position, even though their organisational policy says that they should have that opportunity.

You might have also heard the word ‘grievance’ when talking about complaints. A grievance is a formal complaint. Grievances can be real or imagined and are often around feelings of unfair treatment. The terms complaint and grievance are sometimes used interchangeably.

Complaints are about something that has happened – or continues to occur – that is believed to be wrong or unsatisfactory. In contrast, disputes and conflicts are generally the result of differing opinions.

In this Toolkit, the term ‘conflict’ often refers collectively to conflicts, disputes and complaints.

Internal and external conflicts, disputes and complaints

When thinking about how to resolve a conflict, dispute or complaint, it’s helpful to identify the scope or boundary of those involved. For example, including the right people or having a deadline. This can help you identify any consequences if the issue cannot be resolved.

An internal dispute, conflict or complaint involves 2 or more parties within the group. For example, when 2 directors cannot agree, or an employee makes a complaint against their manager.

Groups should have a policy for managing and resolving internal issues. For example, negotiation or mediation. By law, some internal disputes, conflicts or complaints require external involvement. For example, Fair Work Commission or police.

An external dispute, conflict or complaint is one that involves a party or parties outside the group. For example, when someone makes a complaint to ORIC or ASIC about your group or someone within it. Or when a traditional owner in a native title organisation disagrees with a pastoral leaseholder.

To resolve these issues, you may need to follow processes set by external organisations – such as local council, a regulatory body, or a court.

Common causes of conflicts, disputes and complaints

Ineffective governance arrangements can cause conflicts, disputes and complaints. They can also involve multiple parties. They can happen when people’s actions, decisions, beliefs or values differ, or when people simply do not get on.

Keep in mind that conflicts, disputes and complaints may not always have an obvious cause. It’s common to have different personality types and leadership styles in your group.

Sometimes, disagreements or tension can arise because of personality clashes. It’s important to handle these differences appropriately. If people cannot find ways to work together, issues can become deeply entrenched.

Within organisations

Every organisation experiences internal conflicts, disputes and complaints. It’s important your organisation has ways to resolve these issues so you can carry out your functions and achieve your goals.

There are some common sources of conflicts, disputes and complaints. Most have to do with the roles and relationships within and between the board of directors, management and staff.

“Internal disputes and complaints are managed in line with the organisation’s Staff Grievance Policy and Board of Director Grievance Policy; and supported by the Code of Conduct and our values. Staff are made aware of, and given full access to the relevant policies and procedures at induction. Staff are encouraged to first address their concerns with their Supervisor or Manager who will direct and support them in line with the procedure. The procedure includes allowing the staff the option of having a support person attend any meetings with them.”
– Wungening Aboriginal Corporation, Application to the Indigenous Governance Awards, 2022

Within communities and nations

As with organisations, Aboriginal and Torres Strait Islander communities and nations experience conflict. The cause may not be clear – especially if the situation has been going on for a long time.

It’s important that your community or nation resolves conflicts in culturally legitimate and customised ways. And in ways that suit the needs of your group.

Conflict or disputes in communities or nations can be internal or external. Internal conflict happens:

• within a family group
• between different family groups
• between members.

External conflict happens between the community or nation and external stakeholders. This can include neighbouring nations or communities.