Remedies

Question 1

Define mediation

Answer 1

Mediation involves the intervention of a third party, or mediator, into a dispute to assist the parties in negotiating in aim to end with a resolution

Question 2

Define conciliation

Answer 2

Conciliation is a non-judicial resolution process involving an independent third party (conciliator) with specialist knowledge about the type of dispute in question in aim to assist the parties to voluntarily come to a resolution

Question 3

Define arbitration

Answer 3

Arbitration is a dispute resolution process involving an independent third party (arbitrator) who listens to parties present evidence and makes a binding decision

Question 4

When is mediation appropriate?

Answer 4

• parties are concerned with saving time and cost
• parties prefer privacy and confidentiality

Question 5

When is conciliation appropriate?

Answer 5

• a continuing relationship needs to be maintained
• parties are able to understand and participate in the process

Question 6

When is arbitration appropriate?

Answer 6

• the amount claimed in the matter is less than $10,000 and has been initiated in the Magistrates court
• the case requires a binding and enforcable decision

Question 7

What is the purpose of remedies?

Answer 7

To restore the party who has suffered loss or injury to the position they were in before the loss or injury occured.

Question 8

Define what a tribunal is

Answer 8

An institution with the authority to judge, adjudicate, or determine civil claims or disputes. Tribunals aim to resolve civil disputes in a less formal, more timely way than the courts.

Question 9

Define what an ombudsman is

Answer 9

Independent authorities created to investigate complaints against a company or organisation, and in particular public authorities

Question 10

Define Consumer Affairs Victoria

Answer 10

A complaints body that gives advice about civil disputes regarding the provision of goods and services.

Question 11

Magistrates’ Court

Answer 11

• handles less complex civil cases
• claims up to $100,000
• will usually use arbitration to resolve if damages under $10,000

Question 12

County Court

Answer 12

• deals with more complex civil matters
• claims over $100,000
• personal injury claims, defamation proceedings, disputes regarding loans and property purchases

Question 13

Supreme Court

Answer 13

• handles the most complex and high-value civil cases
• no limit to amount of claims
• parties can choose to have their case heard by a judge alone or by a judge and a jury of six.

Question 14

What is the role of the courts?

Answer 14

1. To determine the liability of the parties involved.
2. To impose an appropriate remedy if one is required