The Appropiateness Of Mediation And Conciliation

Question 1

How appropriate is the use of mediation and conciliation?

Answer 1

Whether or not mediation and arbitration are appropriate means of dispute resolution will depend on the nature, and complexity of the dispute.

Question 2

Suitable disputes for mediation and conciliation?

Answer 2

• Disputes in which the relationship between the parties will continue, e.g: family, neighbours etc
• Disputes in which both parties are willing to compromise in order to reach an agreement
• The defendant admits liability, but the amount to be paid is in dispute
• When parties want privacy when resolving disputes

Question 3

Strengths of mediation and conciliation?

Answer 3

• Less formal than courts and VCAT
• May address parties needs better
• An experienced third party is used to resolve the issue
• Generally cheaper than court procedures

Question 4

Weaknesses of mediation and conciliation?

Answer 4

• The decision may not be enforceable/ legally binding
• One part may compromise too much
• One party may be stronger
• The matter may not be resolved, which wastes time, money and resources.