Victorian Racing Industry Strategy for Owners
Dispute Resolution Service

Ownership Disputes

This service is intended for the use of owners of thoroughbred racehorses who experience a dispute in relation to that ownership.

Why mediation?

Disputes and conflicts are a fact of life these days. Disputes in racing can involve racehorse owners, trainers and other service providers in the racing industry. Unresolved disputes have the potential to consume considerable time and money while causing severe stress to those involved with ongoing bitterness and disillusionment a common by-product.

What is mediation?

Mediation is a prompt, cost effective way of resolving disputes and conflicts. It may also minimise the risk of conflicts in the future. It can save or re-establish important relationships and may prevent the need for legal action. Mediation is particularly preferable to litigation with its inherent costs and procedures. Legal action often sees one party totally disenfranchised as an unsuccessful litigant. Mediation often results in a compromise between both parties.

The Victorian Ownership Strategy Mediation Service (V.O.S.M.S.) was established in a partnership agreement between TROA and Racing Victoria Limited to assist those involved in a racing dispute to resolve that dispute without the need to engage in costly and lengthy legal proceedings.

Our mediators have excellent thoroughbred racing knowledge and have completed a skills-based course in mediation training.

How does mediation work?

Mediation is a cooperative decision-making process in which qualified and impartial mediators help disputing parties resolve their differences. The structured process of mediation provides a safe and supportive environment in which each participant can have his or her say. Mediation is voluntary and confidential.

Our mediators will:

  • Encourage each person to talk openly
  • Facilitate communication between parties
  • Encourage disputing parties to find the best solutions for all parties
  • Allow everyone an equal say and
  • Check and record agreements.

Pre-Mediation

The purpose of the pre-mediation phase is to assess whether the conflict can be resolved through mediation. It involves the complaining party filling out a form and lodging it with TROA. Once our representative has assessed the form they will contact you by phone. Then depending on whether or not the complaint is suitable for mediation, the Thoroughbred Racehorse Owners’ Association representative may contact the other party/parties to the dispute and request they attend the mediation. Confidential phone interviews with each of the parties in dispute will be made to:

  • Identify their perspective;
  • Explore their needs and priorities;
  • Determine each participant's commitment to resolution;
  • Explain the process and protocols.

The Thoroughbred Racehorse Owners’ Association representative will provide a brief verbal report to the party bringing the complaint. If mediation is not deemed appropriate, the representative will work with the party bringing the complaint to generate other options. The parties in dispute will be kept informed.

Mediation

Mediation proceeds if parties display commitment, have the necessary interpersonal skills and are willing to resolve the problems between them. A trained mediator with specialist racing knowledge facilitates the mediation.

To facilitate the mediation outcome:

  • Confidentiality is maintained to the relevant parties
  • Outcomes will include a time frame and be as specific as possible depending on the nature of the resolution(s).

A copy of the agreement if achieved, and outcomes are given to each participant to the mediation.

Consultancy Services

The Thoroughbred Racehorse Owners’ Association representative can provide information, consultancy and coaching via telephone or e-mail to assist disputing parties to facilitate mediation or the resolution of the dispute.

Evaluation

To assist in evaluating the effectiveness of the program, all parties involved in the process will be asked to assist in evaluation at each stage of the intervention.

The Cost of Mediation

Mediation for owners of horses in Victoria is a very inexpensive process when compared with litigation.

The fee payable is $220 per party, all of which is refundable upon attendance of the mediation.

The parties pay this fee directly to TROA three days before the mediation date and it is returned after appearance at the mediation. Additional expenses may include the cost of any necessary travel expenses incurred by the mediator should the mediation be held at venue outside of Melbourne.

The parties would pay their own expenses for any preparation for, or representation at the mediation, such as legal, financial or other advice.

If one party would like the mediation to be held in their location, then it is common for that party to pay half the travel costs of the other party to travel to that city.

Alternatives to Mediation

Mediation may not be appropriate if you require urgent injunctive relief (a court order to stop someone from doing something) or where there is a chance that the Rules of Racing have been breached. If there has been an alleged breach of the Rules of Racing that will have to be resolved before mediation can proceed. If you are unsure about the suitability of mediation ask the TROA representative or your legal adviser.

 

Victorian Racing Industry Strategy for Owners
Notice of Dispute in Relation to Thoroughbred Racing

Mediation Application (Click to download as Word doc)

Note: Please lodge a copy of this document at the TROA office by email troa@troa.com.au or to: TROA Ownership Disputes, 400 Epsom Road FLEMINGTON 3031.

 

Attention Ownership Services:

I/We hereby set out the details of a dispute in relation to thoroughbred racehorse ownership:

 

(a) NATURE OF DISPUTE: (explain what the dispute is about)

 

(b) DESIRED OUTCOME: (write what you want to achieve)

 

(c) ACTION REQUIRED TO SETTLE THE DISPUTE: (explain what you want the other side to do to resolve the dispute)

 

Yours sincerely,
(Sign and clearly print your name/s)

 

Date: (write the date)

 

 

 

 

 

    

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