UNIT 4 - AOS1B Flashcards
VCAT
The Victorian Civil and Administrative Tribunal,
a legal body consisting of numerous specialist lists to resolve particular types of minor civil disputes.
Role of VCAT
Established as an avenue of dispute resolution that is easily accessible to people in the community, informal process that are easy to understand.
The tribunal aims to provide low cost proceedings and timely resolution of civil disputes as we all experts in particular girls in law.
- accessible + informal
- low cost
- timely resolution
- expert bodies
Structure of VCAT
president = judge of supreme
vice president = judge of county
expert bodies = specialists w knowledge and legal personnel
includes four divisions:
- civil
- human rights
- administrative
- residential tenancies
role of VCAT -accessible + informal
- less formal due to absence of strict rules of evidence/procedure
- more than 43 locations = accessible
- video + telephone conferencing = accessible
- forms can be lodged online
role of VCAT - low cost
- only nominal amount for filing claim
- can represent themselves w/o legal rep
- claims less than $10 000 = $37
- claims $1000 - $10 000 = $300
- Human Rights = $0
role of VCAT - timely resolution
- avoid court time delays (no need for pre trial procedures etc.)
- hearing time is usually within number of weeks
role of VCAT - expert bodies
- each list operates with specialised jurisdictions developing expertise in resolving
- experts for different lists e.g.. engineering
- personalised legal personnel in list
how does VCAT resolve disputes
ADR’s
- mediation
- conciliation
- arbitration
- judicial determination
define Mediation
a cooperative method of resolving disputes involving a third independent party known as the mediator. The mediator simply facilitates discussion, ensuring equality between parties w/o entering discussion.
The parties in conflict sit down + discuss issues involved, develop options and reach a non binding agreement through negotiation
characteristics of mediation
- involves 2 disputing parties
- mediator facilitates, does not provide suggestions
- non binding, unless contract signed
- only suitable when there is continuing relationship
define Conciliation
The process of dispute resolution with the assistance of third independent party, known as conciliator.
The conciliator does not make decisions but listens to facts and makes suggestions, assisting parties to make their own non binding decision.
characteristics of conciliation
- involves two parties
- conciliator makes suggestions
- non binding, unless contract signed
- more likely to be followed due to input of their party.
USED IN: - Victorian Equal Rights + opportunity and Human Rights Commission
- VCAT
- Pre hearings for Magistrates Court
define Arbitration
A method of dispute resolution, calling on third independent party known as arbitrator to listen to facts of disputing parties and make a binding decision on behalf of the parties.
characteristics of Arbitration
- involves 2 parties
- arbitrator helps negotiate and enforces binding outcome
- used in commercial disputes
- magistrates court for disputes less than $10 000
define Judicial Determination
refers to a dispute of resolution method which involves the disputing parties to present arguments + evidence to a judicial officer.
(Such as judge/magistrate or member of VCAT)
who then makes a binding determination on outcome.
list features of of Judicial Determination
- impartiality
- strict rules of evidence
- decide on fact of law
- reaching binding decision
comparison of dispute resolution methods - SIMILARITIES
SIMILARITIES - 3rd independent party - attendance by parties - may involve enforceable decision being made M/C = party settlement A= binding JD= court order binding
comparison of dispute resolution methods - - DIFFERENCES
- role of 3rd part is different
- M/C/A = conducted privately
JD= open room - not all outcomes are binding
evaluation of dispute resolution methods
(mediation,conciliation,arbitration) - STRENGTHS
- M/C/A = less formal = less intimidating
- time efficient, rather than waiting for court hearings
- cost effective, parties avoid pre trial costs and legal rep cost
evaluation of dispute resolution methods
(mediation,conciliation,arbitration)
WEAKNESSES
- not legally binding
- if decision can’t be reached = court = delaying time
- may be too formal/complex for VCAT =court = costs
evaluation of judicial determination
STRENGTHS
- legally binding
- formality = equality
- judicial officer w/ experience
evaluation of judicial determination
WEAKNESSES
- expensive fees w/ courts
- one winner, one dissatisfied party.JD officers less flexible due to formality
- JD officers bound by formality, can’t assist unrepresented parties
comparison of operation of courts in dispute resolution
SIMILARITIES
- independent 3rd party
- both charge fees
- depending on who hears case, JD can be used as method
comparison of operation of courts in dispute resolution
DIFFERENCES
- only one level of VCAT but court hierarchy depending on complexity of case
- VCAT application fee cheaper than initial court and each occurring day
- VCAT not used for criminal, whereas courts hear criminal
evaluation of operation of courts in dispute resolution
STRENGTHS
- use of legal rep = equality
- strict rules of evidence/procedure = formality = equality
- courts can adjudicate range of disputes
criminal/civil
minor/major
evaluation of operation of courts in dispute resolution
WEAKNESSES
- high costs for legal rep + court proceedings
- formality = intimidating
- time consuming due to delays and number of cases = timely
evaluation of courts of VCAT in dispute resolution
STRENGTHS
- less formal = less intimidating
- low cost = no need for legal rep small fee for lodging claim
- tribunals relieve strain on court system, complex cases heard in courts
evaluation of courts of VCAT in dispute resolution
WEAKNESSES
- for complex = informal/inadequate
- costs have recently increased due to increased desire for legal rep
- avenues of appeal are limited, only on Q OF LAW
