Chapter 7 - the principles of justice in civil law disputes

Question 1

mediation, conciliation, arbitration’s appropriateness

Answer 1

mediation and conciliation are most appropriate when the two parties are willing to compromise, and when the relationship will continue. If there are threats or violence, it is not appropriate.

arbitration is most appropriate if the parties want a binding and enforceable decision from a third party, conducted privately and confidentially instead of publicly.

Question 2

the use of class actions in civil law

Answer 2

if seven or more people have claims against the same person/circumstance, a class action may be commenced. If it is economical, funded and led by a lead plaintiff, it is appropriate and may save on costs and time for all those involved.

Question 3

purpose and appropriateness of CAV to resolve civil disputes

Answer 3

enforces compliance with consumer laws. It is appropriate if the issue is within their jurisdiction and not already attended to by another branch.

Question 4

purpose and appropriateness of VCAT to resolve civil disputes

Answer 4

Less formal, cheaper, more efficient, independent dispute resolution body than courts. Often parties will have no choice but to bring issues to VCAT as it has exclusive jurisdiction.
Main divisions:
- residential tendencies
- administrative
- civil
- human rights
- planning and environment

Question 5

purpose and appropriateness of the courts to resolve civil disputes

Answer 5

courts are appropriate if an issue falls within their jurisdiction, if there aren’t better ways of dispute resolution
Magistrates < $100,000
County/Supreme > $100,000