Methods to resolve civil disputes - U2 AOS2 Flashcards
What is mediation?
A confidential process where parties resolve disputes in neutral, non-confrontational setting with help of a third party (mediator).
What is the mediator’s role?
- To facilitate conversation and cooperation
- Help parties reach mutually acceptable outcome to dispute
Mediator does not suggest outcome
How does the decision work in mediation?
If reaching decision/agreement, not automatically binding without a deed of settlement.
What is a deed of settlement?
A binding contract, which can be enforced through the courts, entailing agreed terms.
What is conciliation?
A confidential process where parties try to resolve disputes with the help of trained, impartial third party (concillator)
What is the conciliator’s role?
An expert in industry of subject matter of dispute
- facilitate discussion between parties
- suggest solutions
- help reach mutually acceptable outcome to dispute.
How do decisions work in conciliation?
Not automatically legally binding without a deed of settlement.
What are differences between mediation and conciliation?
conciliators are experts in subject matter and suggest solutions, while mediators do not.
What is arbitration?
Non-judicial method of resolving civil disputes, independent third party (arbitrator) listens to parties dispute and makes a final decision
Arbitrators are usually experts
What is the arbitrator’s role?
Ensure parties are treated equally and are both given opportunity to present case.
- listen to evidence
- make final, binding decision (arbitral award)
- Arbitration can make their own inquiries
Is arbitration private?
Often conducted in private, parties agree on procedures used (e,g how much evidence, how much time)
What is an arbitral award?
a legally binding decision made in arbitration by an arbitrator
Can courts refer matters to arbitration?
Yes, but both parties must consent.
- claims under $10 000 in Magistrates’ Court often sent to arbitration (consent not required)
