Resolving Disputes Flashcards
What is an alternative dispute resolution?
Dispute resolution processes, such as mediation, arbitration and conciliation, that do not involve courts.
What is a negotiation?
A discussion between two or more parties with the aim of reaching a mutually beneficial outcome, usually involving compromise.
What is mediation?
A form of alternative dispute resolution designed to help two (or more) parties, in the presence of a neutral third party, to reach an agreement. They will help the parties in examining the issues but will not impose a decision.
What is conciliation?
A form of alternative dispute resolution in which the disputing parties use the services of a conciliator, who takes an active role advising the parties, suggesting alternatives and encouraging the parties to reach agreement; the conciliator does not make the decision for the parties.
What is arbitration?
A process in which an independent third party is brought in to determine how the dispute is to be resolved. It is useful when the subject matter of the dispute requires an expert or court-like procedure.
How do tribunals support dispute resolutions between individuals?
Tribunals provide a less formal and expensive dispute resolution method, allowing individuals to present their positions without legal representation. The presiding tribunal may have specialist expertise, ensuring natural justice principles are applied without disadvantage.
Refer to an example of a court which deals with dispute resolutions for individuals.
the NSW Land and Environment Court. Alternative disputes resolution is integrated within its procedures. Among the statutes granting the court jurisdiction is the Trees (Disputes Between Neighbours) Act 2006 (NSW). This Act allows the court to make judgements on issues involving the removal or pruning of trees and who should pay.
Outline the role of the NSW Civil and Administrative Tribunal.
The NSW Civil and Administrative Tribunal (NCAT) was established in 2014, combining the roles of 22 separate tribunals. It has four main divisions: Administrative and Equal Opportunity, Consumer and Commercial, Guardianship, and Occupational. NCAT handles disputes between individuals and organisations, such as repairing fences, excessive noise, and appeals from previous judgments. In Hacienda Caravan Park Pty Ltd v Howarde, NCAT upheld the appeal.
