mediation Flashcards
1
Q
definition
A
a non-judicial dispute resolution method involving an independent third party, known as a mediator, who facilitates conversations between disputing groups
2
Q
magistrates court
A
can order parties to attend mediation
3
Q
county and supreme courts
A
can order parties to attend mediation
4
Q
VCAT
A
can order parties to attend mediation for goods and services disputes between $500 and $10,000, which are suitable for mediation, and if the dispute can be resolved by mediation instead of a VCAT hearing
5
Q
appropriateness
A
- a relationship must be maintained between the parties
- parties must be willing to discuss issues
- both parties want lower legal fees, as court processes can often be more expensive than mediation
6
Q
non-appropriateness
A
- parties are highly emotional
- there is a power imbalance between parties
- there is a history of violence between parties
- parties want a legally binding result
