4- Dispute Resolution Methods Flashcards
What are the 5 methods of dispute resolution?
- Mediation
- Conciliation
- Arbitration
- Judicial determination
- VCAT
What is mediation?
In mediation, a third party (called the mediator) assists parties in exploring issues, considering possible outcomes and reaching an agreement.
The mediator facilitates discussion but does not give advice or make formal decisions.
When is mediation used?
Mediation is usually mandatory before a case goes to trial.
It’s used mostly in the Magistrates’ Court, but also the Supreme Court and VCAT.
What is conciliation?
In conciliation, a third party (called the conciliator) listens and makes suggestions to the parties, eventually assisting them in reaching an agreement.
When is conciliation used?
Often used in Family Court.
What is the difference between a conciliator and a mediator?
A conciliator exercises more influence than a mediator because they make suggestions to the parties, while mediators do not.
What is arbitration?
In arbitration, a third party (called the arbitrator) listens to the parties and makes a binding decision.
When is arbitration used?
Arbitration is used in the Magistrates’ Court for matters under $10,000.
What is the difference between arbitration, conciliation and mediation?
Arbitration is more formal than conciliation and mediation because it involves some evidence.
Also, in arbitration the decision is binding, unlike in conciliation or mediation.
However all three of these methods settle disputes out of court.
What is judicial determination?
In judicial determination, a judicial officer makes a decision that is binding on both parties.
What is the difference between judicial determination and the other methods of dispute resolution?
Judicial determination is the most formal method of dispute resolution, primarily because it involves strict rules of procedure and evidence.
When is judicial determination used?
Any cases heard in court are judicially determined.
