Chapter 6: Comparisons, evaluations of dispute resolution methods, VCAT and the Courts

Question 1

What are the similarities and differences between arbitration and mediation?

Answer 1

Similarities:

• makes use of independent third party
• less formal than JD & do not use strict rules of evidence and procedure

Differences:

• arbitration legally binding
• mediator doesn’t need specialist knowledge

Question 2

What are the similarities and differences between arbitration and conciliation?

Answer 2

Similarities:

• makes use of independent third party
• both have specialist knowledge

Differences:

• arbitration legally binding
• arbitration more formal and legal rep more commonly used

Question 3

What are the similarities and differences between JD and mediation?

Answer 3

Similarities:

• makes use of independent third party
• both require attendance by parties to make arguments/ submissions about their case

Differences:

• JD legally binding and more formal rules of evidence and procedure
• mediation generally cheaper due to less reliance on legal rep

Question 4

What are the similarities and differences between JD and conciliation?

Answer 4

Similarities:

• makes use of independent third party
• both require attendance by parties to make arguments/ submissions about their case

Differences:

• JD legally binding and more formal rules of evidence and procedure
• conciliation generally cheaper due to less reliance on legal rep

Question 5

What are the similarities and differences between JD and arbitration?

Answer 5

Similarities:

• makes use of independent third party
• legally binding decision

Differences:

• arbitration less formal due to no strict rules of evidence and procedure
• Arbitrator offers suggestions and solutions

Question 6

What are the similarities and differences between mediation and conciliation?

Answer 6

Similarities:

• makes use of independent third party
• decision reached not usually legally binding

Differences:

• Conciliator required specialist knowledge in area of law
• Mediator doesn’t offer suggestions and solutions

Question 7

What are the 2 strengths and 2 weaknesses of mediation?

Answer 7

Strengths -

• confidential
• less formal than JD

Weaknesses -

• not legally binding
• possible imbalance of power

Question 8

What are the 2 strengths and 2 weaknesses of conciliation?

Answer 8

Strengths-

• Confidential
• less formal than JD

Weaknesses-

• not legally binding
• possible imbalance of power

Question 9

What are 2 strengths and 2 weaknesses of arbitration?

Answer 9

Strengths-

• binding decision
• specialised knowledge

Weaknesses -

• win/loss scenario
• more formal

Question 10

What are 2 strengths and 2 weaknesses of Judicial determination?

Answer 10

Strengths -

• Fairness through use of legal rep
• formality of having a judge

Weaknesses -

• Time consuming and expensive
• stressful

Question 11

What are 4 similarities between the operation of courts and VCAT? (BLT C)

Answer 11

B - Binding decisions
L - Legal rep
T - Third party (who are skilled in their areas of expertise to hear the case and make a determination)
C - Civil cases

Question 12

What are 4 differences between the operation of courts and VCAT? (JC LC)

Answer 12

J - Judicial officers (VCAT members aren’t usually judicial officers (except P/VP) and can be casual session members, whereas courts utilise judges)
C - Criminal cases (VCAT can’t hear criminal)
L - Legal rep (usually not required in VCAT, some VCAT lists legal rep isn’t allowed)
C - Certified (VCAT decision has to be certified in mag court before enforced)