Outcome 2- Civil Disputes

Question 1

Where can parties resolve a dispute through?

Answer 1

Judical determination either through;

• Courts
• VCAT

Question 2

Three different alternate dispute resolutions (ADR)

Answer 2

• Meditation
• Conciliation
• Arbitration

Question 3

Mediation

Answer 3

Where a party comes to an agreement. The agreement itself is not binding until the parties enter into a contract. The third party has the least control and wont offer suggestions. Mediation is more likely to be acceptable to the parties as they have made the decision themselves.

Question 4

Meditator

Answer 4

A mediator seeks to empower both parties to negotiate and agree to a resolution. They try to even out any imbalance between the parties

Question 5

Advantages of Mediation

Answer 5

• They are held in an informal atmosphere which helps decrease stress.
• They are less confrontal
• Matters can be discussed openly and without fear of publicity.

Question 6

Conciliation (Conciliator)

Answer 6

They will offer independant advice and suggestions to assist parties to resolve a dispute.

Question 7

Conciliation

Answer 7

The final decision is not binding until a contract is entered into by parties

Question 8

Advantages of Conciliation

Answer 8

• There is more flexibility for the parties, as they are free to explore options to resolve the dispute
• The third party can give assistance
• A conciliator can give advice

Question 9

Arbitration

Answer 9

Arbitration occurs when there is a civil dispute settling less for $100,000. An arbitrator helps parties negotiate. They make a final decision and they are binding

Question 10

Advantages of arbitration

Answer 10

• Arbitration is binding
• Arbitration is more informal than judicial determination
• Advice can be given about how to resolve the dispute.

Question 11

Judicial determination

Answer 11

A hearing is held and presided over by a magistrate, judge or judicial officers.
The decisions are binding meaning that they are made by a third party and more easily enforceable than resolutions reached during mediation and conciliation

Question 12

Advantages of Judicial determination

Answer 12

• A court is able to make a precedent, particularly when the court is deciding an area of common law that requires reform
• Decisions made in ADR do not form precedent

Question 13

Disadvantages of Judicial Determination

Answer 13

• It is more expensive than mediation and conciliation
• It can be stressful and traumatic for some parties
• It can involve long delays

Question 14

Disadvantages of Meditation and conciliation

Answer 14

• Requires the participation and willingness of the parties to attend.
• Unless the parties enter terms of settlement, decisions reached are not binding
• One party may be more dominant

Question 15

Disadvantages of Arbitration

Answer 15

• This is more expensive than mediation and conciliation because the parties normally use legal rep
• There can be delays before a matter is brought before an arbitrate.

Question 16

QUESTION Compare and evaluate meditation and arbitration.

Answer 16

• Define Mediation and Arbitration
• Explain what is different with the two
• Strengths of Mediation
• Weakness of Arbitration
• Strength of Arbitration
• Weakness of Mediation
• Conclusion

Question 17

Conclusion of Mediation and arbitration

Answer 17

Whether mediation is a better form of dispute resolution than with arbitration will depend on the nature of the dispute. Arbitration tends to be used in commercial
disputes, whereas mediation is more commonly used for consumer disputes.