unit 2 AOS2

Question 1

Impartial

Answer 1

The parties have an independent and unbiased adjudicator preside over the dispute

Question 1

fairness

Answer 1

All people can Participate in the legal system and its processes should be impartial and open

Question 2

Open

Answer 2

Disputes that utilise the court are open to the public including the courts judgement this promotes transparency of a judicial decisions and accountability of legal professionals

Question 3

Participation

Answer 3

Parties can prepare a case through knowing the facts
There are several avenues of dispute Resolution
Parties have the opportunity to present their version of the case
A trial occurs without unreasonable delay

Question 4

Equality

Answer 4

All people engaging in the legal system Should be treated the same. If the same treatment creates disparity adequate measures should be taken to allow all to equally engage without disparity

Question 5

access

Answer 5

All people should be able to engage with the justice system and its processes on an informed basis

Question 6

Mediation

Answer 6

Mediation is one of the least formal methods for resolving disputes it is a joint problem solving process where parties willingly cooperate to reach a solution through negotiation

Question 7

Who facilitates mediation processes

Answer 7

Mediators are impartial 3rd parties who facilitate the discussion and support parties To reach a decision themselves

Question 8

When is mediation used

Answer 8

Usually occurs before people engage with the courts especially if it’s important to maintain a ongoing relationship

Question 9

How does mediation work

Answer 9

Party sit down and discuss the issues involved legal representation is generally not used there are no strict rules and it is usually without prejudice these decisions are not legally binding unless a deed of settlement is signed

Question 10

Conciliation

Answer 10

The conciliator will listen on the facts and evidence presented by both sides and make suggestions how to resolve the dispute they will usually have specialised knowledge

Question 11

When is conciliation used

Answer 11

Many dispute bodies use a form of conciliation
Parties such as vcat Are often sent to compulsory conference to use it

Question 12

Arbitration

Answer 12

Arbitration is one of the most formal alternative methods of dispute resolution outside of courts

Question 13

Who facilitates the arbitration process

Answer 13

Arbitrators are impartial third parties who generally have knowledge about the subject matter of the dispute and expertise in the relevant law

Question 14

how does arbitration work

Answer 14

The arbitrator listens to both parties and makes a legally binding and enforceable decision.
Arbitration is not bound by strict rules of evidence parties can agree on how evidence is presented.
Parties can self represent however most parties will have legal representation due to the legally binding nature

Question 15

When is arbitration used

Answer 15

Privately- Parties previously agree the disputes will be settled by arbitration.
court- The Magistrates Court to use arbitration to resolve claims less than ten thousand dollars
to resolve claims less than ten thousand dollars
tribunals- Victorian civil administrative tribunal can refer parties to arbitration before the final hearing however it does not conduct the arbitration process itself

Question 16

What is a tribunal

Answer 16

Tribunals are dispute resolution bodies that obtain power to resolve certain types of dispute from parliament by statute force

Question 17

Victorian civil and administrative tribunal

Answer 17

The cat is given power through the Victorian civil administrative tribunal act 1998 Vic it is the largest tribunal in Victoria and hears of civil and administrative disputes wide range

Question 18

Purposes of Vcat

Answer 18

Provide low cost dispute resolution services
Provide efficient dispute Resolution services
Provide accessible Dispute resolution services

Question 19

ombudsman

Answer 19

A ombudsman Is an official independent person appointed by the government to investigate complaints made by individuals and small businesses against a company or organization particularly public authorities

Question 20

Types of Ombudsman

Answer 20

Government Ombudsman which handle complaints about government institutions in Victoria this is the Victorian ombudsman
Industry based ombudsman which handle complaints regarding specific categories of private sector such as the telecommunication industry ombudsman

Question 21

Key features

Answer 21

It is free
Only here complaints from individuals
Will not accept the complaint Independently
They will try and resolve it by working with the parties if not able to they will make a binding decision

Question 22

the roles of Victorian courts in dispute resolution

Answer 22

Deciding a remedy and determining liability

Question 23

Civil jurisdiction of Victorian courts

Answer 23

The Magistrate’s court has original jurisdiction of minor civil claims up to one hundred thousand dollars and no appellate jurisdiction
The county court has unlimited original jurisdiction and has no appellate jurisdiction unless granted
The Supreme Court trial division has unlimited original jurisdiction and can here appeals from the Magistrate Court and VCAT
The Supreme Court of Appeal has no original jurisdiction and his appeals from the county in Supreme Court trial division and the chief magistrate or VCAt president

Question 24

Strength of court

Answer 24

Judges are impartial and courts aim to reduce delays and costs also because of the hierarchy it make judge specialised Play with the hierarchy it allows for parties to appeal

Question 25

Weaknesses of court

Answer 25

without legal representation it can be expensive the right to appeal is not automatic the formalities of the court process can result in parties feeling stressed despite reforms to civil procedure in relation to case management there is still delays and courts are too expensive

Question 26

juries in civil trial

Answer 26

No jury is used in the Magistrates Court or in appeal case
A jury is optional in the county and Supreme Court the party who requested it must pay the fee
I judge my order that the jury is required in this case the state pays

Question 27

Jury composition

Answer 27

Potential jurors are randomly selected off the Victorian electoral these guys have to fill out an Eligibility form if selected they attend the courts and be put in a pool then walk through and sit on a jury only six can

Question 28

juries role

Answer 28

Objectively listen to the evidence and consider the facts then follow the directions of the judge and then decide who is more likely in the wrong and assess the amount of damages